Condolences to the family of Justice Sandra Day O’Connor, who passed away after a long illness. Justice O’Connor was a trailblazer, the first woman Justice and a former state legislator. She came to her election law cases with a kind… Continue reading

Moore v. Harper note: “[T]he biggest threat to US democracy since January 6.”1 “[A] theory that could upend elections.”2 “It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear.”3 These… Continue reading

The drumbeat for several months has been, “Whatever happens with these state-level challenges to Trump’s candidacy, the Supreme Court will have the final word.” That’s possible, and even likely, but not guaranteed. And if (an if, not a when) the… Continue reading

This term, which was also shaping up to be a monumental one on social media companies and free speech, gets even more significant in light of this order in Murthy v. Missouri. Justice Alito, for himself and Justices Gorsuch… Continue reading

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Chris Geidner really nailed it in his recap for Slate of today’s oral argument in the Alexander case (South Carolina racial gerrymandering): As Jackson explained, under the clear error standard, “A finding [from the district court] that is plausible in… Continue reading