Category Archives: political parties
Supreme Court, Without Noted Dissent, Rejects Challenge to Hawaii’s Open Primary Law
No noted dissents.
Back in August 2016, when the 9th Circuit decided the case, I questioned whether the case was properly decided and if it changed the standard for considering how a party can object to the form of… Continue reading
“The Chosen One: Thoughts on a Better, Fairer, and Smarter Way to Choose Presidential Nominees”
Brennan Center:
Although the 2016 presidential primaries garnered profound dissatisfaction with the nomination process, leading to widespread accusations of unfairness within both parties, most voters will forget our current system’s issues until the 2020 election. But in a new paper,… Continue reading
“CFI On the State of the Political Parties: Is It Working Out After All?”
“Political Parties and Candidates Dominated the 2016 House Elections While Holding Their Own in the Senate”
New CFI analysis:
Perhaps it is time to stop bemoaning the weakness of political parties in financing federal elections. The prevailing opinion is that since the Supreme Court’s 2010 decision in Citizens United v. FEC, “outside groups” accepting unlimited contributions… Continue reading
The WI Gerrymandering Case and the Costs of Mandatory Jurisdiction
The 2-1 federal court decision striking down Wisconsin’s redistricting plans for the state legislature as an unconstitutional partisan gerrymander, Whitford v. Gil, is without doubt the most significant lower federal court decision on partisan gerrymandering the lower courts have ever… Continue reading
“Ramshackle Federalism: America’s Archaic and Dysfunctional Presidential Election System”
Tony Gaughan has posted this draft on SSRN (Fordham Law Review). Here is the abstract:
Although the presidency is the most powerful public office in the United States, the federal government plays a modest role in presidential elections. Reflecting the… Continue reading
“Explainer: Voting Rules for Saturday’s Election of DNC Chair”
Unanimous 4th Circuit Rejects Argument that VA Violates Constitution by Not Putting Party Preferences of Local Candidates on Ballot
“Party by Association: Charting a New Path to Responsive Party Government”
Tabatha Abu El-Haj has posted this draft on SSRN. Here is the abstract:
Hardly a day goes by without a headline decrying the hyperpolarization and dysfunction of Congress. While the 2016 election has heightened these concerns, the fact is that… Continue reading
“Playing Cards in a Hurricane: Party Reform in an Age of Polarization”
Heather Gerken has posted this draft on SSRN (forthcoming, Houston Law Review). Here is the abstract:
In his Frankel Lecture, “Outsourcing Politics: The Hostile Takeovers of Our Hollowed Out Parties,” Sam Issacharoff suggests that legal changes have systematically disabled the… Continue reading
“Outsourcing Politics: The Hostile Takeovers of Our Hollowed out Political Parties”
Sam Issacharoff has posted this draft on SSRN (forthcoming, Houston Law Review). Here is the abstract:
In 2016, both the Republicans and Democrats experienced efforts at hostile takeover of their presidential campaigns. On the Republican side of the ledger, the… Continue reading
Hawaii Democrats and Montana Republicans File Cert Petitions Challenging Mandatory Open Primaries
Hawaii petition
Montana petition
This could well get taken up by the new Supreme Court.
Watch Video of NYU Forum on “A New American Political System?”
This was a great conference.
Video courtesy of CSPAN:
Vice President Biden Keynote
Viability of Third Parties (Ginsberg, Keating, Pildes)
Role of Media in the 2016 Election (Marcus, Psaki)
Technology in Political Campaigns (Goodstein, Persily, Rospars)
Fred Yang on 2016 … Continue reading