Category Archives: Supreme Court
“John Roberts and the Supreme Court might block anything Democrats do on voting rights”
Tierney Sneed at CNN:
A key piece of congressional Democrats’ voting rights push faces not only a near-impossible odds of becoming law, but also a daunting court battle in front of a conservative judiciary if it does.The legislation, known… Continue reading
Ninth Circuit finds that some Alaska campaign finance rules violate First Amendment
Thanks, Ned, for your terrific insight over the last couple of weeks. And thanks once again, Rick, for this opportunity to join ELB as a contributor, including picking up daily blogging duty for the next couple of weeks.
Late last… Continue reading
USA Today analyzes potential impact of Brnovich
Behind a paywall. A snippet:
“At a time when more than a dozen conservative states have enacted new voting limitations and no evidence of substantial fraud has emerged from the 2020 presidential contest, election law experts say the lower… Continue reading
The GOP & the VRA: Frenemies?
A reader of the blog sent along a link to this article: How to Win a “Long Game”: The Voting Rights Act, the Republican Party, and the Politics of Counter‐Enforcement. Here’s the abstract:
ADRIENNE JONES and ANDREW POLSKY examine… Continue reading
Political Conduct and the First Amendment
Now that I have finished a draft of a new Article, Political Conduct and the First Amendment, I am eager to join the conversation on the ELB. I couldn’t be more thankful to Rick for including me as part… Continue reading
The effect of Brnovich v. DNC on the intentional discrimination lawsuit against Georgia
Over at RealClearPolitics, I have this piece looking at the potential effect of Brnovich v. Democratic National Committee on intentional discrimination claims, including the lawsuit recently filed by the Justice Department against portions of Georgia’s SB 202. Much of the… Continue reading
Ellen Aprill Expresses Concern …
… on the implications of the Supreme Court’s new Americans for Prosperity Foundation for IRS rules on donor disclosure applicable to 501(c)(3) groups. Her Tax Notes letter to the editor is also available on SSRN.
Nick Stephanopoulos Speaks Out on Brnovich
Calling it an “embarrassment” in this Q&A, Nick expresses views on the majority opinion in Brnovich that are much harsher than mine. Given the inherent ambiguity of section 2 as revised by Congress, and the genuine difficulty of applying… Continue reading
New Voting Laws Face Court Challenges Across the U.S.
WSJ reports on the recent explosion of election-related litigation but also the challenges lawsuits have in light of new rulings like Brnovich.
“How The Roberts Court Laid The Groundwork For 2021’s All-Out Assault On Voting Rights”
In TPM, an excerpt from Orville Vernon Burton and Armand Derfner’s new book Justice Deferred: Race and the Supreme Court. Here’s the last paragraph of the excerpt:
In 1989, in a dissenting opinion, Justice Blackmun made an observation that has… Continue reading
Senator Mike Lee Demanded That Sen. Padilla and I Apologize for Saying Justice Alito’s Brnovich Decision Goes Against Textualism and Is Not Faithful to the Voting Rights Act; I Doubled Down on the Claim
This all happened at Wednesday’s Senate Judiciary Committee subcommittee hearing on voting rights after Brnovich and Shelby County.
You can watch Senator Padilla ask me the initial question in the video at the 2:56:42 mark.
Senator Lee’s rant, where he… Continue reading
“On Voting Rights, Justice Alito Is Stuck in the 1980s”
Linda Greenhouse on Brnovich:
Justice Samuel Alito’s opinion for the six-justice majority insisted that the law should pay little mind to the occasional “inconvenience” of casting a ballot. Justice Elena Kagan’s dissenting opinion, joined by two other justices, accused… Continue reading
“Democrats craft voting bill with eye on Supreme Court fight”
AP:
Democrats face dim prospects for passing voting legislation through a narrowly divided Congress, where an issue that once drew compromise has become an increasingly partisan flashpoint. But as they look to reinstate key parts of the Voting Rights… Continue reading