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

The Connecticut Legislature has passed a state-level voting rights act. Connecticut now joins California, New York, Oregon, Virginia, and Washington in offering protections against racial discrimination in voting beyond those provided by the federal Voting Rights Act. For more on… Continue reading

Steven Hill on fusion voting, which is having something of a moment in the sun as reformers push to eliminate fusion bans. It does that by allowing a candidate to appear on the ballot under multiple political party labels simultaneously… Continue reading

According to a report, artificial intelligence can produce political propaganda almost as persuasive as Russian or Iranian fake news (though this may be a low bar): In mid-April, Stamos and Stanford’s Shelby Grossman led a webinar where they previewed… Continue reading

This report looks at how North Carolina’s proposed set of voting restrictions matches the measures pushed by Cleta Mitchell: WRAL obtained documents purported to have been produced by the group’s North Carolina chapter, called NCEIT, showing its legislative priorities, internal… Continue reading

This new book by Michael Waldman focuses on the Supreme Court’s 2021-22 term. In The Supermajority: How the Supreme Court Divided America, Brennan Center President Michael Waldman examines the most consequential Supreme Court term in decades and argues that… Continue reading