Category Archives: The Voting Wars

“How to Predict a Voting Rights Decision; The Supreme Court just made it harder to vote in some states and easier in others.”

October 10, 2014, 11:12 amelection administration, Supreme Court, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: If you have been following developments at the Supreme Court in voting cases over the past few weeks, the results have been dizzying and apparently inconsistent. First the court blocked a… Continue reading

The Biggest Aspect of the Texas Case: Texas To Be Covered Again by Section 5 (If Case Stands)

October 10, 2014, 2:14 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Justin noted a key aspect of the Texas id decision which I want to highlight: “Also extremely important: the court expressly finds intentional discrimination relevant to bail-in under the Voting Rights Act, and says it will consider a bail-in order… Continue reading

Don’t Get Too Excited That #SCOTUS Blocked Wisconsin’s Voter ID Law This Election

October 10, 2014, 2:04 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

I’ve explained why I think the Supreme Court was correct to block Wisconsin’s voter id law for use in this election. There was too much of a risk that the law could not be implemented fairly in time for this… Continue reading

Is Texas ID Law Blocked Now? Should It Be? Would It Stay Blocked?

October 10, 2014, 1:56 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

In my last post, I wrote about the massive opinion in the Texas voter id case that “there is no discussion of whether the actual order will apply to this election and the injunction will stop its use in this… Continue reading

“Texas Will Immediately Appeal Voter ID Ruling”

October 10, 2014, 12:54 amelection law and constitutional law, The Voting Wars, voter id, Voting Rights ActJustin Levitt

So promises the AG.

Reactions to TX (and Sometimes WI) Decision

October 10, 2014, 12:54 amelection law and constitutional law, The Voting Wars, voter id, Voting Rights ActJustin Levitt

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

Canadian Voting Wars Arrive in Court

October 10, 2014, 12:52 amThe Voting WarsJustin Levitt

From the plaintiffs’ press release: The Council of Canadians, the Canadian Federation of Students and three individual electors will file a Charter challenge to the Fair Elections Act (Bill C-23) in the Ontario Superior Court today. Recent changes to… Continue reading

Analysis: Supreme Court Stops Immediate Implementation of WI Voter ID Law; and a Thought on Texas

October 9, 2014, 6:47 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Here is the order, and judged by the dissent of Justice Alito, joined by Scalia and Thomas, the basis was the Purcell objection, the proximity to the upcoming election and the risk of electoral chaos. Not only did the apparent … Continue reading

BREAKING: Federal Court Strikes TX ID Law

October 9, 2014, 5:53 pmelection law and constitutional law, The Voting Wars, voter id, Voting Rights ActJustin Levitt

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

Lewis Black Strides Boldly into the Voting Wars

October 9, 2014, 3:25 pmThe Voting WarsJustin Levitt

It’s classic Lewis Black. Which is to say, NvSFW.

Why Breyer and Kagan Did Not Dissent in NC Voting Case, and What That Tells Us About WI Voter ID Case

October 9, 2014, 8:11 amelection administration, Supreme Court, The Voting Wars, voter idRick Hasen

Yesterday’s Supreme Court order in the North Carolina voting case (which Justin covered here while I was travelling and which Howard rounds up) reached the result I had been expecting: a reversal of the 4th Circuit order restoring… Continue reading

Roundup on the GAO Report on Voter ID

October 9, 2014, 2:44 amThe Voting Wars, voter idJustin Levitt

Politico, Natl Journal, the Wall St. Journal, and the Washington Times discuss the GAO report; Sec. Kobach responds.

Breaking News: SCOTUS issues NC order, restrictions back in effect

October 8, 2014, 4:19 pmelection law and constitutional law, provisional ballots, Supreme Court, The Voting Wars, voter registrationJustin Levitt

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

ACLU Flags Judge Easterbrook’s Factual Inaccuracies in Horrendous WI Voter ID Decision

October 8, 2014, 11:11 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Press release about Judge Easterbrook’s terrible analysis: The motion filed today also notes factual inaccuracies in the appeals panel’s ruling, including: “The Seventh Circuit also could not fathom that so many registered Wisconsin voters lack a photo ID ‘in… Continue reading