Here’s a farewell gift. A swimming Corgi pic.twitter.com/31RnG0A81Q— Good doggos (@DoggoDating) July 20, 2019 … Continue reading
Category Archives: Uncategorized
I have written this piece for Slate. It begins: Supreme Court Justice John Paul Stevens, who passed away on Tuesday at the age of 99, was a reliable and important voice on issues of voting rights and election law. Most … Continue reading
Release: A panel of the United States Court of Appeals for the Fourth Circuit unanimously reversed dismissal of the case Fusaro v. Davitt today, restoring a challenge to a Maryland law that restricts access to the state’s registered voter list to Maryland registered … Continue reading
Tampa Bay Times: It was immediately clear after the Nov. 6 election that far more voters than expected were leaving the Senate box blank. Many of those voters supported other Democrats, like the losing candidate for Governor, Andrew Gillum.In a new academic … Continue reading
I hope to be as off the grid as I can from this Saturday through the next (though maybe I won’t be able to resist something on the census or Mueller). I leave you in the excellent hands of Justin … Continue reading
Thanks Howard! … Continue reading
Mike Parsons blogs. … Continue reading
Ciara Torres-Spelliscy blogs. I’d like to see how this squares with treating Trump’s hush money payments to Stormy Daniels as campaign related. … Continue reading
Here at the Atlantic. … Continue reading
WaPo: The fight in New Hampshire is one of at least a dozen legal skirmishes being waged across the country, in the run-up to the 2020 election, that are financed by Democrats and liberal activists who hope to overturn or … Continue reading
Good question from Sandy Levinson. I’ve been pondering this question since I read Rucho (mostly on grounds that Roberts (deliberately?) misrepresented the plaintiffs’ symmetry arguments as those in favor of proportional representation). … Continue reading
NYT: But the investigation by Mr. Horowitz, who has maintained a reputation for being above the partisan fray, may have a better chance of being accepted across party lines as credible. Mr. Horowitz, who is expected to release a much-anticipated report of … Continue reading
Matthew Collette: They need to block people from Twitter so they can enforce the Voting Rights Act.— Matthew Collette (@MattCollette14) July 9, 2019 … Continue reading
You can watch here. It was a dynamite discussion. … Continue reading
Bloomberg Tax reports. … Continue reading
You can find the supplemental complaint here. … Continue reading
Sarah Harrington: Some of these guys are from the Office of Immigration Litigation. That’s probably a hint about the soon-to-be-newly discovered justification for including the citizenship question. https://t.co/KMAiO9m34M— Sarah Harrington (@SEHarringtonDC) July 8, 2019 Sasha Samberg-Champion: We may be told … Continue reading
Dahlia at Slate: That Trump is now reportedly considering putting the citizenship question back onto the census by way of an executive order is a natural reaction to Roberts’ compromise resolution. It’s a shockingly aggressive move that seems doomed to fail, but … Continue reading
Jeremy Stahl for Slate: “It’s an extremely unusual thing for an entire office to take itself off of a case in the middle of a case,” one former DOJ attorney, who worked under this administration, told Slate. “[These are] attorneys … Continue reading
WRAL editorial:A three-judge panel should rule that long-hidden details of how politicians manipulated to pick the voters who elect them are admissible as evidence and are open for the public to view. … Continue reading
Here is a link for the livestream, which will also work after the event. The speakers are Jonathan Adler, Erwin Chemerinsky, Chris Geidner, Michele Goodwin, and Sarah Harrington. I’ll be moderating. … Continue reading
WaPo: he Justice Department is swapping out the lawyers who had been representing the administration in its legal battle to put a question about citizenship on the 2020 Census, possibly signaling career attorneys’ legal or ethical concerns over the maneuvering … Continue reading
KC Star: Kris Kobach appears to be running for U.S. Senate and to have launched his campaign by misspelling his own name.A campaign committee named Kobach for Senate filed with the Federal Election Commission Monday morning, hours before Kobach was … Continue reading
Marty Lederman blogs. … Continue reading
AP reports. … Continue reading
Josh Marshall: 2/ So it seems the Trump re-elect campaign is also saying now that the point of adding a citizenship question to the Census is to make Census less accurate and redistrict on the basis of citizenship rather than … Continue reading
Read the motion. … Continue reading
In a new filing, the Department of Justice has told the federal district court in Maryland considering whether the addition of the citizenship question on the census was done for reasons of racial animus that the government may still come … Continue reading
Governor statement. … Continue reading
During this week, I posted some great contributions from a number of important election law voices on the future of partisan gerrymandering after the Supreme Court’s opinion in Rucho. Thanks to all for participating! Here are the posts: Michael Solimine: … Continue reading
The following is a guest post from Sam Wang, part of the symposium on Partisan Gerrymandering after Rucho: Chief Justice Roberts’s decision in Rucho v. Common Cause expresses a paradox: (a) gerrymandering a map for political advantage goes against the Constitution, yet … Continue reading
Watch. … Continue reading
We are beginning to get little windows into the internal governmental process involved in the reversal-of-course on the Census issue. As expected, the DOJ lawyers concluded that the issue was over, because there was not enough time left to generate … Continue reading
Axios reports. I don’t see how doing this through an executive order helps at all. The issue is not whether the President (or Commerce Secretary) has the right to add a citizenship question, per the Supreme Court’s Department of Commerce … Continue reading
My latest for Slate (though not the title I would have chosen). I first describe the new gerrymandering techniques we may see after Rucho: Let’s start with the schemes we’re likely to see now that the federal courts have been … Continue reading
NPR reports. Am I misreading this, or is Scott Walker complaining that Democrats draw "unfair" maps because they have more supporters than Republicans do and so they can redistrict to capture seats reflecting their popularity? https://t.co/FOL3pKAYmK pic.twitter.com/mrRPSt1dwx— Rick Hasen (@rickhasen) … Continue reading
Ruth Greenwood in the Fulcrum: Last year the court told us in Whitford that it wanted us to develop further evidence to explain the harms to individual voters of the Wisconsin gerrymander. Consequently, my team has spent the last 12 months hearing … Continue reading
Charles Fried on Rucho for The Atlantic. … Continue reading
In a nice post about the Court’s Census decision, Rick Pildes noted that Chief Justice Roberts approached the case in a realist fashion, probing beneath the surface to figure out what actually did and would happen. This realism was entirely … Continue reading
Had missed this Bryan Lowry joint from last week. … Continue reading
AP reports. (via Doug Chapin) … Continue reading
You can watch this recent video from the ACS conference here (which took place before the Court ruled in Rucho or the census case): Many progressives lament that our constitutional system is inherently undemocratic, with electoral seats awarded to candidates … Continue reading
Alex Keena ,Michael Latner ,Charles Anthony Smith andAnthony McGann for the Monkey Cage. … Continue reading
The Tampa Bay Times reports. … Continue reading
Foner at The Nation: Oliver Wendell Holmes, recently appointed to the Court by Theodore Roosevelt, wrote the opinion for a 6-3 majority. Like Chief Justice Roberts today, Holmes threw up his hands and described the Supreme Court as impotent. If “the great … Continue reading
Joshua Matz: Over the past few days, I’ve seen a lot of commentary—including from some lawyers whose opinion I respect a great deal—asserting that the Supreme Court’s opinion in Department of Commerce v. New York will prevent a citizenship question from appearing on … Continue reading
Fred Gray, now 88 years old, is one of the major lawyers of the civil-rights movement, though my sense is he is less well-known nationally than he ought to be, perhaps because he has spent his life in Alabama. Randy … Continue reading
Michael Ramsey, one of the leading scholars/defenders of originalism, has a post on Rucho at The Originalism Blog that offers a distinct assessment of the decision. Critics of Rucho will like the first half of his analysis, but not the … Continue reading
(Bumped to the top with correction) Holding election integrity hostage to a political change. CORRECTION: An earlier version of this post said the governor has signed the bill. This appears to be incorrect, or at least premature. I regret the … Continue reading
Will Baude has an intriguing post suggesting that, even after Rucho, federal partisan gerrymandering claims can still be brought in state court. The rationale is that federal jurisdictional doctrines like standing, mootness, and justiciability don’t apply in state court. So a state court … Continue reading