Rick Pildes already flagged today’s Supreme Court order in the North Carolina partisan gerrymandering case. And I agree with his bottom line conclusion that the Court is almost certain to take this case, when it comes up in the regular… Continue reading

Jost on Justice: When the Supreme Court closed federal courthouse doors to partisan gerrymandering cases three years ago, Chief Justice Roberts stressed in Rucho v. Common Cause (2019) that states still had the authority to devise remedies for politically… Continue reading

Common Cause State Respondents Harper Plaintiffs Update: A fourth brief in opposition

Carolyn Shapiro has posted this draft on SSRN. Here is the abstract: During the litigation surrounding the 2020 election, the independent state legislature claim (“ISLC”) , emerged as a potentially crucial factor in the presidential election. The ISLC rests on… Continue reading

Can’t wait to read this article by Vik Amar and Akhil Amar, forthcoming in the Supreme Court Review. Here is the abstract: The Court’s rulings in Bush v. Gore were disgraceful, and efforts two decades later to rehabilitate and recycle… Continue reading