“North Dakotans Approve Age Limit for Members of Congress”
I get that this was a political messaging thing … but it’s very hard to see how this is constitutional under U.S. Term Limits v. Thornton.
Category Archives: election law and constitutional law
“1,900 New Jersey ballots whose envelopes were opened early must be counted, judge rules”
Here’s the follow-up from the story Rick noted last week.
The judge ruled from the bench, I believe, and I don’t know if there’s been a written opinion yet. But reporting indicates that the court’s decision relies on the… Continue reading
“The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act”
The Case Western Reserve Law Review has just published my article, “The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act.” Here is the abstract:
When Congress convenes under… Continue reading
Political questions and Section 3 of the Fourteenth Amendment
I went back to look at some of the commentary around the Supreme Court’s decision in Rucho v. Common Cause in 2019. The decision shut the door on federal constitutional challenges to partisan gerrymanders. Much of the commentary around the… Continue reading
10th Circuit upholds Wyoming’s electioneering ban within 300 feet of Election Day polling places, but remands to evaluate 45-day ban within 100 feet of absentee polling places
The decision in Frank v. Wyoming Secretary of State is here. The 10th Circuit sent the case back to the district court to factor in the 45-day temporal constraint in addition to the geographic constraint.
A few more quick thoughts on Moore
Moore v. Harper, much like Allen v. Milligan, was a shocker for me. Given how the posture of the case had changed, I didn’t expect the justices to reach the merits. I’m glad they did. A few thoughts:1) In some… Continue reading
“Three Cases in North Carolina, Decades of Democracy Undone”
Gene Nichol spitting fire in Slate.
“How to Police Gerrymanders? Some Judges Say the Courts Can’t.”
The NYT “teaches the controversy” about policing partisan gerrymandering.
I have to say, I agree with some of the line-drawing concerns when it comes to deciding how much is too much. Which is why I’ve argued for a… Continue reading
More Moore
The Court has asked for another round of briefing on what the heck should happen in Moore v. Harper, the current vehicle for the “independent state legislature” challenge, now that the North Carolina Supreme Court has said that the… Continue reading
“The Impermissibility of Sex as a Voter Qualification”
Looks like a fascinating paper posted on SSRN today by UVa 3L Holl Chaisson:
Election officials across the country are turning away voters when they perceive a mismatch between the sex listed on the voter’s identification and the voter’s gender… Continue reading
Montana state legislator sues over censure
The lawsuit filed today in state court by Rep. Zephyr – Montana’s first openly transgender lawmaker — and several of her constituents contends that her censure and subsequent barring from Capitol grounds violates the Montana state constitution.
I’m still hoping… Continue reading
“Independent State Legislature” Theory, North Carolina, and Ohio
Vik Amar and Jason Mazzone suggest that the Court grant cert. pronto in Huffman v. Neiman, the Ohio partisan gerrymandering case, as it considers whatever just happened in North Carolina. Rick had similar thoughts.
“A top GOP lawyer wants to crack down on the college vote. States already are.”
Zachary Roth on efforts targeting a younger segment of the electorate.
11th Circuit finds Alabama’s felon disenfranchisement law passes constitutional scrutiny
From an opinion by Judge Tjoflat, joined by Judge Moody (sitting by designation) in Thompson v. Secretary of State for the State of Alabama (lightly edited):
Greater Birmingham Ministries, an Alabamian non-profit organization dedicated to aiding low-income individuals, and several… Continue reading