“Judicial Intervention as Judicial Restraint”

Guy-Uriel Charles and Luis Fuentes-Rohwer have a new piece forthcoming in the Harvard Law Review, on partisan gerrymandering and justiciability: This paper examines the Court’s decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account … Continue reading

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“Brett Kavanaugh gave a troubling answer to Sen. Kamala Harris’ question on the Voting Rights Act”

Think Progress: Kavanaugh, for his part, tried to downplay the significance of Shelby County. “There is still, of course, Section 2 of the Voting Rights Act,” the nominee explained. That provision “allows litigation brought by plaintiffs to challenge voter restrictions that … Continue reading

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In 2003, Judge Kavanaugh Called Lower Court Decision in the McCain-Feingold Case to Uphold the Rules Limiting Corporate and Union Spending in Elections Strange and Dangerous

You can find the leaked document here (via the NYT). He also correctly predicted that the case would come down the votes of CJ Rehnquist and Justice O’Connor (both in the end switched sides from their earrlier positions on this … Continue reading

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Breaking: Common Cause, League of Women Voters, and NC Democratic Party Oppose Redrawing North Carolina Congressional Districts for 2018, All But Assuring It Won’t Happen

Got to give a lot of credit to these groups for making this conclusion, given the national stakes of fixing the partisan gerrymander in North Carolina’s congressional districts: The Court asked the parties to “file briefs addressing whether [it] should … Continue reading

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BREAKING: Divided Three Judge Court Holds North Carolina Congressional Redistricting an Unconstitutional Partisan Gerrymander, Considers New Districts for 2018 Elections

In a case with potentially national implications both short term and long, a three judge district court in North Carolina has held that the congressional redistricting plan—put in place after North Carolina’s districts last time were found to be a … Continue reading

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Hey Chief Justice Roberts: Remember When You Said the Preclearance Provisions of the Voting Rights Act Were No Longer Needed in the South?

AP: Civil rights advocates are objecting to a proposal to close about 75 percent of polling locations in a predominantly black south Georgia county. The Randolph County elections board is scheduled to meet Thursday to discuss a proposal that would … Continue reading

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“Kavanaugh and Campaign Finance: Republican National Committee v. Federal Election Commission”

Charles Davis on SCOTUSBlog: Kavanaugh’s opinion showed hostility towards the Supreme Court’s views in McConnell. It questioned the theory that these [soft money] limits could be justified simply by the close connection between political parties and candidates or officeholders, and more … Continue reading

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“How Justice Kennedy’s Successor Will Wreak Havoc on Voting Rights and American Democracy”

I have written this piece for Slate. It begins: Justice Anthony Kennedy, who announced his retirement from the Supreme Court last week, was certainly the “swing justice” in key cases on major issues from abortion to gay rights. But when … Continue reading

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