In light of the upcoming Supreme Court argument in Louisiana v. Callais, Travis Crum published a guest post at this blog arguing that racial gerrymandering should not be unconstitutional. Crum rejects the 30+ year line of cases that began with… Continue reading

Topeka Capital-Journal: Kansas lawmakers voted to change how Kansas appoints its Supreme Court nominations from a commission-led process to direct elections. Currently, the Kansas Supreme Court Nominating Commission provides the governor three potential judges, from which the governor selects.… Continue reading

In the NYT essay I wrote with Trevor Morrison on the tools courts have to deal with executive defiance of court orders, we concluded by noting that a major confrontation between the two branches might have significant effects on financial… Continue reading

This is the first time I can remember seeing a split in this kind of litigation over baseless suits challenging the integrity of election systems.

Direct all your tips and questions to Derek.

New report from CDT. From the Introduction: AI avatars delivered independent news about Venezuela’s contested election, allowing journalists to protect their identity and avoid politically motivated arrest. Voters in the United Kingdom could cast their ballots for an AI avatar… Continue reading

This Harvard Law Review recently published this case comment on the Fifth Circuit’s en banc decision in Petteway v. Galveston County, which held that Section 2 of the VRA doesn’t authorize claims by coalitions of minority voters. The Fifth Circuit’s… Continue reading

New paper in Science Advances from Shiro Kuriwaki, Jeff Lewis,, and Michael Morse. Abstract: After an election, should election officials release a copy of each anonymous ballot? Some policy-makers have championed public disclosure to counter distrust, but others worry that… Continue reading

The Guardian: A new report warns of “profound risks” in American politics as cryptocurrency companies increase their political spending and Donald Trump oversees regulatory retreatwhile promising to create a “crypto strategic reserve”. The situation “illustrate[s] the profound risks that unchecked… Continue reading

Daniel Nichanian for Bolts.

Next week, I’ll be delivering the 45th Sullivan Lecture at the Ohio Statehouse. Here are the details to register. I’m grateful to Jonathan Adler and Eugene Mazo, who will provide comments on the lecture, as well as to my host,… Continue reading

I’ve posted this new essay, co-authored with Sam Issacharoff, at SSRN. The essay is forthcoming in 26 Theoretical Inquires in Law __ (2025). Here’s the abstract: The declining ability of the state to deliver effective outcomes on the major… Continue reading

Just in time for March Madness: here’s a Common Ground Democracy essay describing a new form of voting that resembles the much-beloved NCAA men’s and women’s tournaments. This essay is based on my contribution to the symposium that the Ohio… Continue reading