I Was on The Hill.TV’s “Rising” Talking About My Atlantic Article About a New Campaign Finance Case Heading to the Supreme Court
Watch here:
The Atlantic article is: Unlimited Donations to Candidates, Coming Soon?
Category Archives: Supreme Court
“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
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,… Continue reading
The Trump (Second) Cave on the Citizenship Question is a Double Victory for the Rule of Law
President Trump’s Speech this afternoon in which he said that the Administration would give up on efforts to add a citizenship question to the census is a victory for the rule of law. Many people were predicting that Trump would… Continue reading
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
Derek Muller on Rucho and Partisan Gerrymandering
Here, at the Public Discourse.
The Evenwel Gambit
Joey Fishkin:
So that leaves what I’d call the Evenwel Gambit: fess up, selectively, to Real Reason 2. Claim that you want to add the citizenship question to the Census in order to enable the CVAP-based drawing of district… Continue reading
Gaming Out the Census Citizenship Question Endgame: What Comes Next, and How Will Things End?
I thought I’d pull together some thoughts on the issue of whether the Trump Administration will try again to add a citizenship question to the census, after sharing some earlier thoughts across this blog, to NPR, and at Slate… Continue reading
Rebecca Green: A Spade is a Spade (Rucho Symposium)
The following is a guest post from Rebecca Green, part of the symposium on Partisan Gerrymandering after Rucho:
The Rucho
decision is hard to get your head around. Plaintiffs presented two clean cases with
clear “smoking guns”: partisan… Continue reading
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,… Continue reading
Guy Charles and Luis Fuentes-Rohwer: Rucho: Democracy and Banality (Rucho symposium)
The following is a guest post from Guy Charles and Luis Fuentes-Rohwer, part of the symposium on Partisan Gerrymandering after Rucho:
One would be hard-pressed to find
a more hackneyed Supreme Court opinion than Chief Justice Roberts’s majority… Continue reading
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
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… Continue reading
Mike Parsons: Rucho’s Antidemocratic Instinct: “This is not law.” (Rucho Symposium)
The following is a guest post from Mike Parsons, part of the symposium on Partisan Gerrymandering after Rucho:
In
holding that partisan gerrymandering claims are not “resolvable according to legal
principles” and are “therefore beyond [federal] courts’ jurisdiction,”… Continue reading