Interesting thread starts here:
I want to make one point about the Supreme Court's decision in the Wisconsin case that I'm surprised has not been made. The Supreme Court & the federal courts more broadly have actually not done… Continue reading
You can read the opinion and dissent here.
In some ways, it is unsurprising that the Court divided 5-4 (conservative/Republican Justices against liberal/Democratic Justices) on a question whether the emergency created by COVID-19 and the dangers of in-person voting… Continue reading
You can find the filing here.
I think that they have a strong argument about application of the Purcell Principle:
Applicants rely heavily on Purcell v. Gonzalez, 549 U.S. 1, 4-5 (2006), in which this Court cautioned that “[c]ourt… Continue reading
You can find the filing at this link.
As expected the Purcell Principle plays a major role in the argument here, the idea that courts should not make last minute changes in election rules because doing so could confuse voters… Continue reading
David Gans:
The U.S. Supreme Court’s 2013 decision in Shelby County v. Holder left a gaping hole in our Constitution’s promise of democracy and opened the door to rampant voter suppression. Now COVID-19 is making things exponentially worse.
I have posted this draft on SSRN (forthcoming, Georgetown Law Journal Online). Here is the abstract:
The United States Supreme Court’s conservative majority has taken the Court’s election jurisprudence on a pro-partisanship turn which gives political actors freer range to… Continue reading
I have written this piece for The Atlantic, part of the rollout of my new book, Election Meltdown. It begins:
Among the many strange and worrying truths about American elections, one has a tendency to get lost: The path… Continue reading
Listen to NPR’s On Point:
It’s been 10 years since the Supreme Court’s landmark decision on Citizens United. We’ll look back at the last decade and take stock of the fallout.
Guests
Carrie Levine, senior reporter at the Center… Continue reading