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
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
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
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
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 have written this piece for the NY Times. It begins:
The Supreme Court’s voting rights ruling on Thursday in Allen v. Milligan is as shocking as it is welcome. The Voting Rights Act has lived to see another day,… Continue reading
I agree with Nick that today’s decision in Allen v. Milligan was stunning. I don’t want to give the Supreme Court too much credit, for reasons that Melissa Murray identify here, but I had prepared myself for the worst… Continue reading
There will surely be more to discuss, but I wanted to flag these parallels in Chef Justice Roberts’ opinions.
First, from Shelby County v. Holder (2013):
Second, from Allen v. Milligan (2023):
Dahlia Lithwick and I have written this piece for Slate. It begins:
It was impossible to listen to oral arguments this past Supreme Court term without being struck by the way this court’s conservative supermajority views the 14th Amendment. According… Continue reading
I did not have time when I was at the Library of Congress looking at Justice Stevens’ papers to give a close read to the file in Vieth v. Jubelirer, a 2004 partisan gerrymandering case. In that case, four… Continue reading