Category Archives: election law and constitutional law

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

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

“En Banc Court Hears First Amendment Challenge to Campaign Finance Restriction”

campaign finance, election law and constitutional law, First Amendment theory
Trane Robinson reviews arguments in the Sixth Circuit’s National Republican Senatorial Committee v. FEC case, about limits on political party expenditures coordinated with particular candidates.  It’s an issue that’s been in the deregulatory community’s sights for a while now, and… Continue reading