“Trump’s New Supreme Court Is Coming for the Next Dozen Elections”

I have written this piece for New York. It begins: When Judge Amy Coney Barrett sits for questions before the Senate Judiciary Committee in mid-October, no doubt Democrats will pepper her with questions about whether she would recuse herself in any Trump v. Biden election lawsuit to come … Continue reading

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Must-Read by Fredreka Schouten: “She marched in Selma as a young girl. Now she’s seeing history repeat on voting rights”

CNN: Joanne Bland was an 11-year-old schoolgirl in Selma, Alabama, when she marched into history, joining hundreds of activists on the Edmund Pettus Bridge for a demonstration that turned into one of the bloodiest confrontations of the civil rights movement.Baton-wielding state troopers … Continue reading

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Now Available: Final Version of My Election Law Journal Article: “Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them”

You can download the final version of the article here (and here’s the pdf). This article is part of a symposium out next month on COVID and the election. Thanks to ELJ’s publisher for making all the COVID-related election articles … Continue reading

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In Worrisome Decision, 11th Circuit Panel on 2-1 Vote Rejects Challenge to Alabama Voter Identification Law Without Allowing a Trial

You can find the opinion in Greater Birmingham Industries v. Alabama at this link. This opinion is very troubling because the majority held it was appropriate to grant summary judgment to the state of Alabama despite evidence that at least … Continue reading

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“John Lewis’ Legacy Is the Right to Vote. And It’s Under Attack. A bill to restore the Voting Rights Act he championed has been sitting on Mitch McConnell’s desk for 225 days.”

Ari Berman: On March 1, as he was battling stage 4 cancer, John Lewis returned to Selma, Alabama, to commemorate the 55th anniversary of the Bloody Sunday march, when he was brutally beaten marching for voting rights. “We must go out and … Continue reading

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DOJ Settles Voting Rights Act Section 2 Lawsuit with South Dakota School District Allegedly Violating Native American Rights; A Rare Pro-Voter Action by Trump DOJ

Tierney Sneed: The DOJ announces a Voting Rights Act settlement in a case concerning a school district election process in South Dakota that allegedly disenfranchised Native American voters https://t.co/P8QQ1mcsOI pic.twitter.com/CCCNYM3iZW— Tierney Sneed (@Tierney_Megan) May 28, 2020 … Continue reading

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My New Draft Article: “Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them”

I have posted this draft on SSRN, which is a work in progress aimed at a moving target. Comments welcome. Here is the abstract: The COVID-19 global pandemic, which already has claimed approximately 90,000 lives in the United States as … Continue reading

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Wow: 11th Circuit Rejects State of Alabama’s Argument That Congress Did Not Intend to Allow Private Litigants to Be Able to Sue for Violation of Section 2 of the VRA, But Judge Branch Remarkably Dissents

Crazy news on the 150th anniversary of the Fifteenth Amendment. States ordinarily have sovereign immunity against lawsuits without their consent. But Congress has the power to “abrogate” (or eliminate) that immunity through a statute. For decades, it has been unquestioned … Continue reading

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Breaking: Divided En Banc 9th Circuit Holds Arizona Violated Voting Rights Act by Not Partially Counting Out-of-Precinct Provisional Ballots and Engaged in Intentional Racial Discrimination in Banning Collection of Absentee Ballots

You can find the 432 pages of opinions at this link. I strongly suspect that the Supreme Court will take this case, which reversed a lower court and a three-judge Ninth Circuit panel. A finding of intentional discrimination is especially … Continue reading

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Divided Fifth Circuit Rejects Argument of Dallas, Texas White Voters of Voting Rights Violation and Racial Gerrymandering; Judge Ho Partly Dissents, Seeking to Read Voting Rights Act More Strictly

You can find the opinions in Harding v. County of Dallas at this link. Judge Ho’s partial dissent is significant in that it reads the Supreme Court’s 2018 opinion in Perez v. Abbott to add new requirements for plaintiffs seeking … Continue reading

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Must-Read: “Precinct closures harm voter turnout in Georgia, AJC analysis finds”

AJC: Amid widespread voter distrust of government oversight of elections and questions about ballot access, The Atlanta Journal-Constitution conducted a unique statistical analysis to learn how precinct closures and distance to the polls impact voting.The AJC mapped Georgia’s 7 million … Continue reading

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