Category Archives: Supreme Court

Supreme Court Ignores the Purcell Principle in Its Latest Voting Case on Arizona, Creating Confusion and Potential Disenfranchisement for Newly Registering Voters in the Period Before the Election

Supreme Court, voting
I have long been critical of the application of the Purcell Principle, a Supreme-court created rule that discourages court orders in the period before the election on grounds that it can cause election administrator difficulties and voter confusion. I initially… Continue reading

Breaking: Supreme Court Issues Split Emergency Order in Arizona Case; CJ Roberts and J. Kavanaugh Cast Deciding Votes to Allow AZ to Bar from Registering Those Who Use State Form and Don’t Provide Documentary Proof of Citizenship [UPDATED]

Supreme Court
The Court’s order reads in full as follows: Application (24A164) is granted in part and denied in part by the Court. The district court’s May 2, 2024 judgment is stayed only to the extent it enjoins enforcement of Ariz. Rev.… Continue reading

My Forthcoming Yale Law Journal Feature: “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”

authoritarian threats in US, ballot access, Bush v. Gore reflections, campaign finance, cheap speech, chicanery, Constitutional Right to Vote, election administration, election law and constitutional law, Election Meltdown, election subversion risk, First Amendment theory, legislation and legislatures, political equality, political parties, political polarization, primaries, Real Right to Vote, social media and social protests, Supreme Court, The Voting Wars, voting, Voting Rights Act
I have written this draft, forthcoming this spring in Volume 134 of the Yale Law Journal. I consider it my most important law review article (or at least the most important that I’ve written in some time). It offers… Continue reading