“Unlimited Donations to Candidates, Coming Soon? Former Solicitor General Paul Clement may get the Supreme Court closer to killing what’s left of campaign-finance limits.”

I have written this piece for The Atlantic. It begins: During the George W. Bush administration, then–Solicitor General Paul Clement successfully defended the constitutionality of the 2002 McCain-Feingold law, which tightened electioneering and fundraising regulations. Can Clement now get traction … Continue reading

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New volume of the Harvard Law & Policy Review is out

Chock full of election-law goodies.  Among other pieces: Elizabeth Warren, Foreword (on corruption and faith in government)Jeffrey Clements, “But It Will Happen”: A Constitutional Amendment to Secure Political Equality in Election Spending and RepresentationViki Harrison, How One State Legislature Grappled … Continue reading

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President Trump Planning Some Kind of “Executive Action” on the Census: What Comes Next? Not Necessarily a Constitutional Crisis

I’m seeing a lot of hyperventilating on Twitter and elsewhere about how President Trump is about to start a constitutional crisis through an executive order that would mandate inclusion of the citizenship question on the census. If Trump actually ordered … Continue reading

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Moon Duchin: How to Reason from the Universe of Maps (The Normative Logic of Map Sampling) (Rucho symposium)

The following is a guest post from Moon Duchin, part of the symposium on Partisan Gerrymandering after Rucho: Justice Kagan’s dissent in Rucho states in its opening paragraphs:  “The majority’s abdication comes just when courts across the country, including those below, have … Continue reading

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Since Trump Tweet, Justice Department Lawyers Trying to Come Up with New Pretext for Including Citizenship Question on Census; Federalist Society’s Leonard Leo Pushing Trump To Do This Despite Supreme Court Ruling

Washington Post: Trump was furious and thought the Commerce Department and the Justice Department — which has been arguing the case — had given up the fight too easily. He complained about Chief Justice John G. Roberts Jr.,who he said … Continue reading

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Michael Morley: Rucho, Legal Fictions, and the Judicial Models of Voters (Rucho Symposium)

The following is a guest post from Michael Morley, part of the symposium on Partisan Gerrymandering after Rucho:             The Supreme Court’s recent ruling in Rucho v. Common Causepresents competing judicial conceptions of American voters.  Justice Kagan’s dissent encourages courts to employ … Continue reading

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All’s Well That Ends Well, or All’s Well That Evenwel? How the Commerce Department May Still Help States to Draw Districts with Equal Numbers of Voter Eligible Persons to Minimize Hispanic (and Democratic) Voting Strength

It is undeniably good news that the Trump Administration decided to abandon the citizenship question in the face of evidence that it would depress turnout especially among those with noncitizens in a household and in light of the Supreme Court’s … Continue reading

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Breaking: 4th Circuit Remands Census Citizenship Case Raising Equal Protection Issues Not Before SCOTUS to Look at Hofeller Evidence to Show Government Discriminatory Intent; Concurring Judge Suggests New Injunction Against Including Question

This order (via Lawrence Hurley) means that the district court can consider the new Hofeller evidence to determine whether it shows the government acted with racially discriminatory intent in including the citizenship question on the census. And then the case … Continue reading

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Federal District Court in Maryland Will Reopen Census Case If Permitted to Do So By Appeals Court Based on Hofeller Evidence Showing Government Intent to Discriminate Against Hispanics

From today’s order: This Court previously concluded that the Secretary’s articulated reason for adding a citizenship question to the 2020 Census—to improve Voting Rights Act (VRA) enforcement— was a pretext. ECF No. 154 at 108. However, the Court held that … Continue reading

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As 4th Circuit Contemplates Additional Hearing on Race Discrimination in Adding Citizenship Question to Census, DOJ Files SCOTUS Brief Trying to Preempt Such Consideration

Hansi Lo Wang: NEW: The 4th Circuit has set June 24 as the deadline for Trump admin to respond to request by @MALDEF @AAAJ_AAJC to send #CitizenshipQuestion lawsuits in Maryland back to the trial court, where U.S. District Judge George … Continue reading

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