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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Sen. McCaskill Cites Judge Kavanaugh’s Campaign Finance Views as Her Reason for Voting No on His Supreme Court Nomination

Gannett: Sen. Claire McCaskill said Wednesday she will vote against federal appellate judge Brett Kavanaugh, President Donald Trump’s nomination to the U.S. Supreme Court. Citing “dark money” in politics as the main reason for her opposition, McCaskill released a lengthy statement through her office Wednesday … Continue reading

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“Democrats revive their lawsuit over Wisconsin gerrymandering in hopes of blocking election maps in 2020”

Milwaukee Journal-Sentinel: Democrats are renewing their lawsuit over election maps that have helped Republicans maintain big margins in the state Assembly. An expanded group of Democratic voters filed a new version of their long-running lawsuit on Friday, three months after … 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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“Brett Kavanaugh gave a troubling answer to Sen. Kamala Harris’ question on the Voting Rights Act”

Think Progress: Kavanaugh, for his part, tried to downplay the significance of Shelby County. “There is still, of course, Section 2 of the Voting Rights Act,” the nominee explained. That provision “allows litigation brought by plaintiffs to challenge voter restrictions that … Continue reading

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In 2003, Judge Kavanaugh Called Lower Court Decision in the McCain-Feingold Case to Uphold the Rules Limiting Corporate and Union Spending in Elections Strange and Dangerous

You can find the leaked document here (via the NYT). He also correctly predicted that the case would come down the votes of CJ Rehnquist and Justice O’Connor (both in the end switched sides from their earrlier positions on this … Continue reading

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Breaking: Common Cause, League of Women Voters, and NC Democratic Party Oppose Redrawing North Carolina Congressional Districts for 2018, All But Assuring It Won’t Happen

Got to give a lot of credit to these groups for making this conclusion, given the national stakes of fixing the partisan gerrymander in North Carolina’s congressional districts: The Court asked the parties to “file briefs addressing whether [it] should … Continue reading

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BREAKING: Divided Three Judge Court Holds North Carolina Congressional Redistricting an Unconstitutional Partisan Gerrymander, Considers New Districts for 2018 Elections

In a case with potentially national implications both short term and long, a three judge district court in North Carolina has held that the congressional redistricting plan—put in place after North Carolina’s districts last time were found to be a … Continue reading

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Hey Chief Justice Roberts: Remember When You Said the Preclearance Provisions of the Voting Rights Act Were No Longer Needed in the South?

AP: Civil rights advocates are objecting to a proposal to close about 75 percent of polling locations in a predominantly black south Georgia county. The Randolph County elections board is scheduled to meet Thursday to discuss a proposal that would … Continue reading

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