AP reports.

As most separation of powers/administrative law scholars know, the Roberts Court has consistently applied the unitary executive branch theory (UET) across Democratic and Republican administrations.  That theory maintains, at a minimum, that the President must have the power to remove… Continue reading

St. Louis Public Radio reports.

Bradley Smith and I talked about Callais and the future of Section 2 in the National Constitution Center’s “We the People” podcast with Jeffrey Rosen. In this episode, Bradley Smith of Capital University Law School and Nicholas Stephanopoulos of Harvard… Continue reading

Sam Levine for the Guardian: “Gerrymandering is bad enough once a decade,” said Richard Pildes, a law professor at New York University. “But if we open the door to continual efforts throughout the decade to squeeze out every additional seat… Continue reading

Votebeat.

Ron Brownstein in Bloomberg (paywalled). “The current House is unusual in the modern era in being very close to perfectly neutral according to various measures of partisan bias,” Nicholas Stephanopoulos, a professor at Harvard Law School and expert in redistricting,… Continue reading

From the WSJ, which is paywalled: Five years ago, Georgia’s Republican Secretary of State Brad Raffensperger was banished to the political wilderness.  Donald Trump blamed the mild-mannered election chief for his narrow 2020 Georgia defeat, branding him a RINO… Continue reading

That’s the title of a talk I’ve delivered while at the University of Melbourne on a Miegunyah Distinguished Visiting Fellowship. It’s my effort to explain succinctly how the United States got to the current dire situation and to point… Continue reading

LA Times: With Democrats lining up for a bare-knuckle match on redistricting, Gov. Gavin Newsom has offered President Trump a cease-fire proposal: No redrawing congressional maps in red states and California will stand down, he wrote in a letter… Continue reading

In light of Rick P’s post about David Shor’s current lament about the failure of Congress to redress gerrymandering back when Democrats were consumed by their efforts to enact the massive S1/HR1 reforms, I recall this column I wrote for… Continue reading

“The majority of today should always fear that it may find itself in the minority tomorrow and that its rules can be used against it. . . . What happens when this breaks down? What happens if the majority of… Continue reading

for blogging this last week, which should have been quiet at the beginning of August and was anything but.