All posts by Richard Pildes
The Most Interesting Question in Evenwel
In my contribution to the SCOTUS blog Symposium in this case, I provide reasons that the Court is unlikely, in my view, to accept the appellants’ position. But that is not the end of the case. The more interesting question… Continue reading
The Alabama Redistricting Cases and Today's Decision Invalidating Eight Congressional Districts in Florida
A major basis for today’s Florida Supreme Court decision is that the Florida legislature wrongly believed or purported to believe that the Voting Rights Act required raising the population of black voters to certain high levels. Relying on the Supreme… Continue reading
Nate Persily to Join “The Law of Democracy” Casebook
It's been nearly twenty years since Pam Karlan, Sam Issacharoff, and I published the first edition of “The Law of Democracy” casebook. In all those years, we have not added another co-author to the book, which is now in its… Continue reading
Context for the Arizona Redistricting Case
Later today or next week, the Court in the Arizona redistricting-commission case will issue one of its more important decisions on “the law of democracy.” To provide context for that decision, it’s useful to see two paradoxes the case illustrates… Continue reading
The Supreme Court's Decision to Decide Whether It's One Person, One Vote or One Voter, One Vote
The Supreme Court’s decision today to decide what “one person, one vote” actually means is not all that surprising, at least to many of us. In all the years since the Court recognized that election districts must have equal populations,… Continue reading
Romanticizing Democracy, Political Fragmentation, and the Decline of American Government
I’ve now posted this article, and this abstract for it, at this link. I began this debate with this piece in the Washington Post/Monkey Cage; those responding critically to my views include the political scientist Seth Masket, here,… Continue reading
Citizens United v FEC after Five Years
Next Wednesday, Jan. 21st, is the fifth anniversary of the Supreme Court’s decision in Citizens United. I’ll be participating in an intriguing conference The Center for Competitive Politics is hosting, which will kick off with an interview of the General… Continue reading
Circumventing Public Financing: The Canadian Experience
In reading Michael Ignatieff’s recent political autobiography, Fire and Ashes: Success and Failure in Politics, about his six-year foray into electoral politics, I came across an important account of the breakdown of Canada’s system of publicly-financed elections, in ways that… Continue reading
2014 Supplement to The Law of Democracy Available for Download
Here is the Foundation Press announcement, with active links:
2014 Supplement to The Law of Democracy
(4th ed.)
Samuel Issacharoff, NYU
Pamela S. Karlan, Stanford
Richard H. Pildes, NYU
Casebook ISBN 9781599419350
Teacher’s Manual ISBN 9781599419367
The 2014 Update Memo… Continue reading
Political Fragmentation and Eric Cantor
I have been arguing (as in this Washington Post/Monkey Cage piece) that political fragmentation is a defining attribute of our political era. Fragmentation is quite different from the partisan polarization of politics that has drawn far greater attention; polarization… Continue reading
How the Failure to Redistrict Has Shaped Indian Politics
From Ellen Barry’s article in the NY Times:
For generations, Congress [the dominant political party] politicians have focused heavily on the rural electorate, in part because a 30-year freeze on redistricting kept the number of urban constituencies artificially low, said… Continue reading
The Court and Institutional Realism: McCutcheon
The majority in McCutcheon invokes the fact that other institutions — namely, Congress and/or the FEC — have the power to fill any regulatory gaps that might emerge from the Court’s striking down the aggregate contribution limits. Some critics of… Continue reading
Legal Experts Weigh in on McCutcheon
The Wall Street Journal’s online blog has posted initial reactions to the decision here. Here is my contribution:
The inevitable sky-is-falling reactions that will surely greet this 5-4 decision in many quarters are likely to be wrong. First, the… Continue reading