Category Archives: Supreme Court
“Ten years of a crippled Voting Rights Act: how states make it harder to vote”
Sam Levine and Kira Lerner for The Guardian:
In 2013, the US supreme court gutted the pre-clearance requirement in a landmark case called Shelby county v Holder. In a 5-4 ruling, Chief Justice John Roberts wrote that the Voting… Continue reading
No Response to John Eastman Cert. Petition Seeking to Wipe Out District Court Finding that Eastman More Likely Than Not Engaged with Trump in Crime Related to 2020 Election
I blogged earlier about John Eastman arguing for the decision against him to be vacated on grounds it is moot. I wondered if a response would be filed by the Jan. 6 committee, which I think no longer exists. There… Continue reading
National Constitution Center Podcast: “Recapping Allen v. Milligan: The Court Upholds Section 2 of the VRA”
Listen:
Earlier this month, the Supreme Court handed down a major voting rights decision in the Allen v. Milligan case. In a 5-4 ruling, the Court upheld Section 2 of the Voting Rights Act of 1965 and found that Alabama’s … Continue reading
About That Black’s Law Dictionary Definition of Facilities Cited by Justice Alito in His WSJ Defense of Not Reporting the Free Ride on the Private Plane of a Billionaire Litigant…
In my earlier post on Justice Alito’s laughable defense that he did not have to report the free ride on the private plane because it was “hospitality … on …facilities” owned by a person, I noted that one of the… Continue reading
Justice Alito’s Bad Textualism Extends to His Mangling of Words to Justify Not Reporting a Seat on a Private Jet Paid for by a Billionaire Litigant
Years ago in conversation with an originalist and textualist, the person I was speaking to defended originalism and textualism as constraining judges. The counterexample on the right was Justice Alito voting his values. The idea is that if all judges… Continue reading
ELB Podcast 4:9: Charles, Katz, Pildes: The Future of the Voting Rights Act after Milligan
New ELB Podcast:
Why did two conservative justices on the Supreme Court join the Court’s liberals to save section 2 of the Voting Rights Act in Allen v. Milligan?
Will voting rights plaintiffs see more success in Section 2… Continue reading
The Supreme Court’s ICWA decision may offer insight into the Legislature Thereof Clauses and the Electoral Count Reform Act
Last week, the Supreme Court issued a decision in Haaland v. Brackeen regarding the constitutionality of the Indian Child Welfare Act. Hardly the stuff of election law. But two small parts of the opinion stood out to me. First, the… Continue reading
My New One at Slate: “There Are Still Two Major Legal Threats to the Voting Rights Act”
I have written this piece for Slate. It begins:
Last week’s voting rights decision in Allen v. Milligan was surprisingly good news: rather than hobble or destroy the existing protections for minority voters to elect their candidates of choice… Continue reading
The constitutional analysis in Allen v. Milligan
One argument raised by Alabama in its brief in Allen v. Milligan was that Section 2 is unconstitutional–at least, unconstitutional if Gingles were interpreted the way the trial court interpreted it. That prompted the bulk of concerned reaction in a… Continue reading
Did Justice Thomas lose the majority in Allen v. Milligan?
Let me offer something that may (?) be a bit (!) speculative (and which Jonathan Adler already hinted at elsewhere).
To start, I can’t help but look back at some of the statements made during oral argument about how… Continue reading
“Johnson: Plaintiff in historic SCOTUS redistricting case shed tears for late father after ruling”
Roy Johnson column in Al.com:
Evan Milligan was in church when his phone began to buzz. In church in Berlin, among a group visiting and studying an area that was once home to one of the region’s largest Jewish communities.… Continue reading
I Spoke with Dahlia Lithwick on Slate’s Amicus Podcast about this Week’s Big Voting Rights Case at the Supreme Court
You can listen here (listen beginning at the 16-minute market).
I Spoke with NPR’s Michel Martin for Morning Edition About the Supreme Court’s Voting Rights Act Decision in Allen v. Milligan
You can listen here.
You can also read my NY Times guest essay, John Roberts Throws a Curveball.