Join Dahlia Lithwick and Me for a Virtual Event, October 13: “Abortion, Guns, Voting Rights and More: The 2021 US Supreme Court Docket”
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Category Archives: Supreme Court
“Are Censures of Politicians a Form of Free Speech or a Threat to It?”
Adam Liptak in the NYT:
Last summer, the City Council in River Falls, Wis., censured a member for calling an opponent of wearing masks during the coronavirus pandemic “a rancid tub of ignorant contagion.”A few days later and a hundred… Continue reading
“Racial Turnout Gap Grew in Jurisdictions Previously Covered by the Voting Rights Act”
Brennan Center analysis:
While in 2012, just before the Shelby County decision, the white-Black turnout gap was shrinking in the states we analyzed, and in many instances even briefly closed, this trend has reversed in the years since. In… Continue reading
Newsom recall lawsuit
Politico has a story on a new federal lawsuit raising a constitutional challenge to the procedures that California uses for its gubernatorial recall. The lawsuit follows upon a NY Times op-ed from last week by Erwin Chemerinsky and Aaron Edlin,… Continue reading
“On voting rights, Chief Justice Roberts is far from a moderating voice”
“John Roberts and the Supreme Court might block anything Democrats do on voting rights”
Tierney Sneed at CNN:
A key piece of congressional Democrats’ voting rights push faces not only a near-impossible odds of becoming law, but also a daunting court battle in front of a conservative judiciary if it does.The legislation, known… Continue reading
Ninth Circuit finds that some Alaska campaign finance rules violate First Amendment
Thanks, Ned, for your terrific insight over the last couple of weeks. And thanks once again, Rick, for this opportunity to join ELB as a contributor, including picking up daily blogging duty for the next couple of weeks.
Late last… Continue reading
USA Today analyzes potential impact of Brnovich
Behind a paywall. A snippet:
“At a time when more than a dozen conservative states have enacted new voting limitations and no evidence of substantial fraud has emerged from the 2020 presidential contest, election law experts say the lower… Continue reading
The GOP & the VRA: Frenemies?
A reader of the blog sent along a link to this article: How to Win a “Long Game”: The Voting Rights Act, the Republican Party, and the Politics of Counter‐Enforcement. Here’s the abstract:
ADRIENNE JONES and ANDREW POLSKY examine… Continue reading
Political Conduct and the First Amendment
Now that I have finished a draft of a new Article, Political Conduct and the First Amendment, I am eager to join the conversation on the ELB. I couldn’t be more thankful to Rick for including me as part… Continue reading
The effect of Brnovich v. DNC on the intentional discrimination lawsuit against Georgia
Over at RealClearPolitics, I have this piece looking at the potential effect of Brnovich v. Democratic National Committee on intentional discrimination claims, including the lawsuit recently filed by the Justice Department against portions of Georgia’s SB 202. Much of the… Continue reading
Ellen Aprill Expresses Concern …
… on the implications of the Supreme Court’s new Americans for Prosperity Foundation for IRS rules on donor disclosure applicable to 501(c)(3) groups. Her Tax Notes letter to the editor is also available on SSRN.
Nick Stephanopoulos Speaks Out on Brnovich
Calling it an “embarrassment” in this Q&A, Nick expresses views on the majority opinion in Brnovich that are much harsher than mine. Given the inherent ambiguity of section 2 as revised by Congress, and the genuine difficulty of applying… Continue reading
New Voting Laws Face Court Challenges Across the U.S.
WSJ reports on the recent explosion of election-related litigation but also the challenges lawsuits have in light of new rulings like Brnovich.