Category Archives: election law and constitutional law
Reactions to TX (and Sometimes WI) Decision
Reports from AP, HuffPo, LA Times, MSNBC, NPR, NY Times, Politico, Reuters, USA Today, Wall St. Journal.
And from the plaintiffs’ counsel — Brennan Center, CLC, and LDF… Continue reading
Not All “Purcell Problems” Are Alike
Rick says that tonight’s TX ID case (which does, indeed, enter a permanent injunction against the ID law – on pp. 142-143 of the opinion) creates a huge Purcell problem. I’m not so sure.
To be clear, I can understand… Continue reading
BREAKING: Federal Court Strikes TX ID Law
Texas-sized news out of the Lone Star State. A federal court has struck down Texas’s voter ID law. It violates the Voting Rights Act, it violates the constitutional prohibition on poll taxes, it violates the constitutional prohibition of unjustified burdens,… Continue reading
Right Questions, Wrong Answers in Voter ID Decision
Prof. Chris Elmendorf, over at the Election Law @ Moritz site, dives deep on the 7th Circuit’s WI voter ID decision. It begins:
Earlier this week Rick Hasen blasted Judge Easterbook’s opinion upholding Wisconsin’s voter ID requirement as… Continue reading
Breaking News: SCOTUS issues NC order, restrictions back in effect
Sure, just after Rick leaves. Late Wednesday, the Supreme Court stayed the 4th Circuit’s earlier opinion blocking North Carolina’s rollback of same-day registration and its decision to no longer count ballots cast out-of-precinct. Free of the double negatives: the full… Continue reading
The Virginia redistricting decision
Rick mentioned the Virginia congressional redistricting decision earlier today.
I’ve already seen some confusion about this: the decision doesn’t depend on Shelby County. Indeed, as I read it, the decision would have been exactly the the same if Shelby County… Continue reading
Nudging in the Right Direction: A Response to Bob Bauer
Authored by Heather Gerken, Wade Gibson, and Webb Lyons
Bob Bauer’s recent post on our “nondisclosure disclosure” proposal offers yet-another reminder why he was treated as an honorary member of the academic tribe long before he started teaching at Yale… Continue reading
“Originalism and the Scope of the Constitution’s Disqualification Clause”
Seth Tillman has posted this draft on SSRN. From the abstract:
This paper discusses the scope of the Constitution’s Disqualification Clause (Article I, Section 3, Clause 7) and the original public meaning of its “office . . . under the… Continue reading
Federalism and Election Law
Those interested in the intersection between election law and federalism might want to take a look at a new Feature in the Yale Law Journal, which I blog about here. Entitled “Federalism as the New Nationalism,” it marks the… Continue reading
NY Times on aftermath of Shelby County
The editorial board suggests work ahead for the DOJ and for Congress — including proposals for a constitutional amendment.
Winning Election Candidate Disqualified Based on Campaign Violations
Every once in a while, these sorts of stories crop up overseas (in the UK, for example, or Thailand): a winning candidate is barred from office based on campaign statements. Now, it’s hit American shores: the winner of… Continue reading
A Constitutional Right to Vote
FairVote has released this policy brief on HJR44.
As I mentioned at this Netroots Nation panel the other day, I’m wary but willing to be convinced. There are many different ways in which election-related rights are now constitutionally protected,… Continue reading
“The Virtual Reality of ‘One-Person, One-Vote’”
Kirsten Nussbaumer: “In Louisiana v. Bryson, the state of Louisiana has asked the U.S. Supreme Court to exclude so-called “non-immigrant foreign nationals” from the federal census count for purposes of interstate apportionment of congressional representatives. If Louisiana has… Continue reading