The Republican Party’s struggle over choosing a Speaker reflects large structural changes in American democracy, as well as democracies more generally. For my perspective on that, see my (RP) latest NYT essay. An excerpt: This Washington drama reflects larger… Continue reading

This is from a WSJ piece, which is paywalled. A few excerpts: In Detroit, about 22,600 fewer voters came to the polls than in the 2018 midterm election, a nearly 12% decline. Philadelphia tallied about 55,300 fewer voters than four… Continue reading

Both before and during the argument in Moore v. Harper, I wrote about the possibility that the Court might think about extending the approach in the CJ Rehnquist’s Bush v. Gore concurrence – which was about state court statutory interpretation… Continue reading

I’m going to re-up a post of mine from Dec. 3rd on this issue: how relevant should the Bush v. Gore concurrence on statutory interpretation, which CJ Rehnquist authored, be in considering the role of state courts in interpreting the… Continue reading

In my testimony to the House outlining different potential versions of an ISLT the Court might adopt, I mentioned a remedial version of such a doctrine.  Without endorsing it, I want to explain further what this version would mean. This… Continue reading

With the argument coming up next week in Moore v. Harper, I’ve thought more deeply about some of the less obvious legal issues underlying the case.  I plan to do a few posts on these issues. At least several Justices… Continue reading

When NC filed its opening brief in the independent state legislature case, Moore v. Harper, I commented on this blog that NC’s brief wavered between taking (1) the extreme position that state courts cannot impose any substantive limits on state… Continue reading

Solid chance that Democrats win Secretary of State races in all of WI/AZ/NV.Combine this with their MI SoS + PA Gov wins + Raffensperger in GA and you may not have an election denier as Secretary of State in any… Continue reading

I’ve posted this essay, at the Yale Journal of Regulation, which is running a symposium on Peter Shane’s new book, “Democracy’s Chief Executive”. My essay is the first of what will be fourteen essays — one a day… Continue reading

The following is a guest post by Mike Parsons (Senior Legal Fellow at FairVote and Program Affiliate Scholar at NYU Law): On Friday, the Alaska Supreme Court issued an unanimous decision that could provide a significant boost to efforts… Continue reading

This is a guest post from Professor Michael Herz: In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes… Continue reading

A major issue in the Moore v. Harper case and about the independent state legislature theory (ISLT) more generally is whether the term “legislature” must mean the same thing in all the constitutional provisions that use it.  In addressing that… Continue reading

Georgetown’s Project on State and Local Government recently hosted a discussion of the Moore case and the independent state legislature doctrine. My contribution is now posted on their blog, here. I’ll also include a few excerpts here: As we… Continue reading

Sam Issacharoff and I have posted on SSRN this new essay. Here’s the abstract: Democracies grapple with the tension between the principle of majority rule and ensuring respect for the interest of political minorities, however those might be defined… Continue reading