At the Volokh Conspiracy, Ilya Somin has a piece that provides a policy critique of this decision from his Cato colleague David Bier and then a discussion of the legal issues. Here’s some of the legal discussion: As David Bier… Continue reading

Over at Divided Argument, Sam Bray has posted this abstract of an essay he has just released. I have wondered about some of these questions, and Sam has been influential with the Court, as in the universal injunction case: When… Continue reading

POLITICO reports. “Democrats trying to counter President Donald Trump’s red-state gerrymander are facing a roadblock. Fifteen roadblocks, actually. “That’s how many Democratic-led states have a political trifecta — the same setup that helped Texas Republicans push through new maps last … Continue reading

Peter Baker in The NY Times details all the ways Trump’s attacks on dissent differs from his predecessors. A few paragraphs in this piece, all of which is well worth reading, struck me in particular: “’Donald Trump is hardly the… Continue reading

With Charles Stewart, Seth Bluestein, and Karen Brinson Bell. You can watch it here.

N.Y. Times reports on Trump’s escalation of demands that federal prosecutors go after his enemies. This comes on the heels of Trump’s repeated assertions that broadcasters should lose their licenses for criticizing him.

Ruth Greenwood was the guest on the Touro Law Review podcast.

POLITICO essay worth reading. I’m not sure I’m convinced by its “glass half full” account on the current situation, but it’s definitely food for thought. In any event, it doesn’t change the need for actors within the system to do… Continue reading

N.Y. Times reports on Senator Cruz’s condemnation of FCC Chair Carr’s pressure on ABC over Kimmel: ‘“He says, ‘We can do this the easy way, or we can do this the hard way.’” Mr. Cruz said on his podcast “Verdict… Continue reading

The National Law Review has just published a story about the Third Circuit’s decision last month to invalidate on Anderson-Burdick grounds Pennsylvania’s law requiring the rejection of timely submitted mailed ballots that are misdated by the voters. Will a cert… Continue reading

The University of Wisconsin Law School, in conjunction with other organizations, is hosting what looks like will be a great event. Parties, Power, and Possibility: Revisiting Fusion Voting in Wisconsin will be held on Friday, November 14, 2025. It has… Continue reading

CNN reports: “In a ruling dripping with derision, a federal judge has rejected President Trump’s defamation lawsuit against The New York Times, asserting that the rambling 85-page suit did not follow federal rules for filing civil complaints” Here’s the … Continue reading

The written version of my Miegunyah Lecture has been published and posted on SSRN. Here’s the abstract: This is the text of US constitutional and election law scholar Professor Edward B. Foley’s Miegunyah Distinguished Visiting Fellow Lecture delivered at… Continue reading

Earlier today, the top story in the N.Y. Times app on my phone had this headline: “Trump Says Broadcasters Should Lose Licenses for Criticizing Him” It’s the kind of headline that should be a parody, like in The Onion, but… Continue reading