North Carolina has now filed its opening brief.  I want to single out one aspect of that brief here.             As I’ve emphasized, there are at least two different versions of ISLT on the role of state constitutions.  The more sweeping… Continue reading

Fascinating decision of NC Supreme Court that requires a bit of unpacking: federal courts held that 28 NC legislators were elected from unconstitutional, racially-gerrrymandered districts. Courts permitted them to retain their seats until the next election. The NC legislature can… Continue reading

Alaska’s ranked-choice voting special election on Aug. 16th to fill its vacant, single seat in the US House is generating two issues I want to flag. First, in recently campaigning in a tele-rally for Sarah Palin, Donald Trump reportedly told… Continue reading

For the National Constitution Center’s podcast, the Center’s President and CEO, Jeff Rosen, moderated this discussion. Available at this link.

From Aug. 1 piece by Philip Bump in Wash. Post: In February 2021, soon after President Biden took office, CBS News and its pollster YouGov released data showing that most Republicans viewed Democrats in precisely that way. Asked to evaluate… Continue reading

A large group of election-law experts has made this point.  Nonetheless, there continues to be confusion and misunderstanding in some public commentary about this fundamental legal fact.  This confusion has also slipped into some discussions about the Electoral Count Reform… Continue reading

This is a joint post with Ned Foley:             Along with a bipartisan group of election-law experts, we endorsed the bipartisan Senate draft Electoral Count Act Reform bill as a “vast improvement” over the status quo.  None of the suggestions… Continue reading

In my testimony on the independent state legislature theory (ISLT) to the House Administration Committee, I identified seven different potential versions of such a doctrine, should the Court endorse it at all.  That highlights the fact that the question is… Continue reading

I have been invited to testify today to this committee at a hearing on the independent state legislature theory. My written testimony, available here, first explains that there are several different versions of what an “independent state legislature doctrine” might… Continue reading

This extremely detailed report, just released, was put together by eight prominent conservatives, including three former federal judges. It carefully examines “every claim of fraud and miscount putforward by former President Trump and his advocates, and now put the results… Continue reading

Foundation Press Release with description of changes in this edition below: This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad. With the addition of Franita Tolson as well as Nathaniel Persily… Continue reading

From the Wash. Post: An Alaska Survey Research poll found that ranked-choice voting could help incumbent Sen. Lisa Murkowski (R-Alaska) in the race against Trump-backed challenger Kelly Tshibaka. Alaska will conduct a nonpartisan primary on Aug. 16 with the… Continue reading

From Jason Zingerle’s NYT Magazine essay on The Vanishing Moderate Democrat: Murphy told me that the negative advertising against her and other moderates, including New York’s Kathleen Rice, who is retiring, and Maine’s Jared Golden, who is a Frontliner, “takes… Continue reading

Appropos of the post from Bruce Cain and Emily Zhang about abortion politics at the state level and the more majoritarian options that exist at that level for policymaking, see this excellent recent article by Miriam Seifter that analyzes exactly… Continue reading