Revised Version of My Forthcoming Paper, “Polarization and the Judiciary,” Now Current Through Kavanaugh Nomination

Updated version of the paper out in May in the Annual Review of Political Science.  Abstract: The period of increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state … Continue reading

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“Judicial Intervention as Judicial Restraint”

Guy-Uriel Charles and Luis Fuentes-Rohwer have a new piece forthcoming in the Harvard Law Review, on partisan gerrymandering and justiciability: This paper examines the Court’s decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account … Continue reading

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Judge Tymkovich, in Concurrence to Denial of En Banc Rehearing in Utah Political Party Case, Calls on SCOTUS to Revisit Political Party Regulation

Tenth Circuit Chief Judge Timothy Tymkovich, who regularly teaches election law (and has used our casebook), wrote this interesting statement today concurring in the denial of rehearing en banc in the Utah Republican Party case: I concur in the court’s … Continue reading

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In Case with Potential National Implications, Federal Court Strikes Political Party Ballot Qualifications Requirements in South Dakota

Richard Winger: The opinion says that the March 27 petition deadline is too early, especially given winter weather in South Dakota. It also says the 2.5% (of the last gubernatorial vote) is also too high, given the historical record of … Continue reading

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Populism and Democratic Institutional Design: Methods of Selecting Candidates for Chief Executive in the United States and Other Democracies

As part of the critique I’ve been developing in recent years (e.g., here) over the excessively populist direction of a number of post-1960s political “reforms,” I have turned my attention to raising questions about changes we’ve made to the presidential … Continue reading

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“Issue One raises concerns about Democratic Party’s new mega joint fundraising committee”

Release: On Thursday, Politico reported the formation of a new mega joint fundraising committee called the Democratic Grassroots Victory Fund. This joint fundraising committee will solicit contributions to benefit the Democratic National Committee, as well as state parties in all 50 states and the District … Continue reading

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“Why American Democracy Is Broken, and How to Fix It”

Jeet Heer in TNR: Richard Hasen, a law professor at the University of California, wondered in a 2013 article whether this called for drastic measures: “The partisanship of our political branches and the mismatch with our structure of government raise the fundamental question: Is the … Continue reading

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