“Phone and Online Voting for Democrats in the 2020 Caucuses? DNC Is at a Major Crossroads”

Steven Rosenfeld: The Independent Media Institute’s Voting Booth project obtained a copy of Iowa’s RFP and asked industry and academic experts in remote voting and election cyber-security to assess Iowa’s envisioned telephone-based system. The experts’ top concerns—based on observing similar … Continue reading

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“Balkinization Symposium on Neal Devins and Lawrence Baum, The Company They Keep– Collected Posts”

Balkinization: Here are the collected posts for our Balkinization symposium on Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). 1. Jack Balkin, Introduction to Balkinization Symposium on Neal … Continue reading

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“With little fallout from nuclear option, Senate’s legislative filibuster is in jeopardy”

WaPo: The fallout from the Senate’s so-called nuclear option has largely dissipated.And without much fallout, the fate of the once-revered process known as the legislative filibuster faces its greatest peril in more than a century.Senate Republicans are using a complex … Continue reading

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“G.O.P. Ready to ‘Nuke’ Senate Democrats Again Over Nominee Delays”

NYT: Senate Republicans are preparing to detonate a mini-nuke.Angry over Democratic delaying tactics that have slowed the conveyor belt of Trump administration nominees plodding toward confirmation, the Senate majority is preparing to strong-arm a rules change that would reduce required … Continue reading

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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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