Category Archives: voting

Please Stop Wishcasting the Supreme Court into a Decisive Election Role

Bush v. Gore reflections, election administration, election law and constitutional law, Election Meltdown, Supreme Court, The Voting Wars, voting
Justin here.  There’s a tsunami of election litigation cascading through the legal system right now.  It’s producing a lot of public anxiety, in part because it’s designed to produce a lot of public anxiety.  But none of the current litigation… Continue reading

Divided Ninth Circuit Rejects Constitutional Challenge to Federal Law that Requires Hawaii to Allow Former Residents Who Move to CNMI to Vote, But Not Those Who Move to Other U.S. Territories Including Guam, Just 37 Miles from CNMI

voting
The majority applied rational basis review; the dissenter would have applied Anderson-Burdick balancing and remanded. The majority expressed concern about the lack of voting rights of those who live in U.S. territories but said litigation was the wrong way to… Continue reading

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

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