The 2020 presidential elections in Belarus were considered fraudulent by most Western democracies. Despite massive support for opposition candidate Sviatlana Tsikhanouskaya, which independent monitors believe was around 70%, the official results were presented as favoring the country’s long-time president, Alyaksandr… Continue reading

In a post yesterday, Ned Foley took issue with the essay from Randy Barnett posted yesterday at NYU’s Democracy Project. Here’s an excerpt from Randy’s piece, so readers can understand the context of Ned’s critique. Today’s post at the Democracy… Continue reading

Last week at NYU’s Democracy Project‘s series of 100 essays in 100 days, we featured two essays, among others, on the role of Congress in this moment. One, from congressional expert Molly Reynolds, is titled When It Comes to … Continue reading

At the Volokh Conspiracy, Ilya Somin has a piece that provides a policy critique of this decision from his Cato colleague David Bier and then a discussion of the legal issues. Here’s some of the legal discussion: As David Bier… Continue reading

Over at Divided Argument, Sam Bray has posted this abstract of an essay he has just released. I have wondered about some of these questions, and Sam has been influential with the Court, as in the universal injunction case: When… Continue reading

At NYU’s Democracy Project, Professor Wojciech Sadurski, Challis Professor of Jurisprudence at the University of Sydney and Professor at the University of Warsaw Center for Europe, has an important essay on the struggle of how democrats should respond, once… Continue reading

In our first week, we published three additional essays with views on several ways to address the toxic political culture of our era, in addition to Randy Kennedy’s essay excerpted earlier here entitled: NOT By Any Means Necessary. From John … Continue reading

In light of yesterday’s tragic events, I am posting an excerpt here from Randy Kennedy’s essay we published earlier this week at the NYU Democracy Project: Because proponents of democracy are constantly battling its enemies, the ethics of fighting… Continue reading

I’m excited to announce we are launching The Democracy Project at NYU School of Law. Bob Bauer, Sam Issacharoff, and I will lead The Project. Here’s link to the Project’s website. Dissatisfaction with democratic government has been pervasive for the… Continue reading

I was reading Nick Stephanopoulos’ amicus brief in the LA v. Callais case and was struck by this statement in his summary of argument: “Based on these [the 2020 and 2024] elections’ results, Black vote-dilution plaintiffs would be unable to… Continue reading

This is an important new study from Andrew C. W. Myers, Maria Silfa, Alexander Fouirnaies, and Andrew B. Hall. The paper also illustrates, though it doesn’t emphasize, the role that the rise of donations from individuals — including especially small… Continue reading

Brad Smith, former FEC Commissioner and (retired) professor of law at Capital University, has long been one of the major advocates for the view that much of campaign-finance regulation violates the First Amendment. In an amicus brief in the NRSC… Continue reading

The poll also finds that only 25% of independents are satisfied with the way things are going in the US: https://twitter.com/IAPolls2022/status/1961130633196916856

In preparing for a class on presidential powers I’ll be teaching this fall with Bob Bauer, I made this chart of the average number of executive orders per year each President has issued over the course of their presidency. The… Continue reading