Brett Parker has posted this paper finding a moderate increase in ideological polarization on state supreme courts: Research has documented elite polarization in a variety of areas, including Congress, the executive branch, and the federal judiciary. To my knowledge, however,… Continue reading

This joint report from Protect Democracy, States United Democracy Center, and Law Forward tracks bills across the country that increase the risk of election subversion: As we demonstrate in this edition of the Report, the danger of a democracy crisis… Continue reading

This is a guest post from Ellen Katz: Much of Allen’s significance may lie in the small section of the Chief Justice ’s opinion that Justice Kavanaugh refused to join, and the final point Justice Kavanaugh offered in his… Continue reading

Rick Pildes wrote this piece for Slate on how plaintiffs may harness new redistricting technology to bring more successful Section 2 claims after Milligan: This new technology makes it possible to find VRA districts that might have been hard to… Continue reading

Here are some early thoughts on today’s historic and unexpected decision in Milligan: 1. The Roberts Court Did This? Before today, the Roberts Court had only chipped away at racial vote dilution claims under Section 2. In LULAC, the Court… Continue reading

There is no doubt that the opinion and outcome in Milligan is both unexpected and quite remarkable. But what makes Milligan remarkable for me is its utter conventionality. By and large, Milligan is a fairly straightforward application of precedent, doctrine,… Continue reading

I agree that it is a big day for voting rights advocates. This language of Justice Kavanaugh, however, concerns me. . . “JUSTICE THOMAS notes, however, that even if Congress in 1982 could constitutionally authorize race-based redistricting under §2 for… Continue reading

There will be a temptation to see this decision as an affirmation of the status quo. But in a subtle way, I think the decision does more than that. New technology, as in this case, now enables plaintiffs to search… Continue reading

Here’s the Court’s decision by Chief Justice Roberts. More analysis later, but this is an absolutely stunning development. I would never have expected this Court to rule fully in favor of the plaintiffs in a Section 2 racial vote dilution… Continue reading

Nick posted about a piece in the Election Law Journal on the topic of potential religious-based gerrymandering claims. I wanted to flag an essay a student of mine wrote on the same subject in the NYU Law Review. That piece… Continue reading

New York’s legislature is considering moving most local elections to November of even-numbered years. This is one of the most impactful electoral reforms that states can adopt. If New York goes ahead with it, it would join Arizona, California, and… Continue reading

Jacqueline Rosen has posted this Election Law Journal article. Abstract below: Recently, the Supreme Court significantly limited review of partisan gerrymandering claims, closing the door to a substantial portion of redistricting challenges. However, religious-based redistricting is an overlooked area… Continue reading

WaPo on House Republicans’ interest in scholars who study disinformation (with the apparent aim of suppressing this academic work, not disinformation): Republican House Judiciary Chairman Jim Jordan and his allies in Congress are demanding documents from and meetings with leading… Continue reading