“Balkinization Symposium on Neal Devins and Lawrence Baum, The Company They Keep– Collected Posts”

Balkinization: Here are the collected posts for our Balkinization symposium on Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). 1. Jack Balkin, Introduction to Balkinization Symposium on Neal … Continue reading

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“With little fallout from nuclear option, Senate’s legislative filibuster is in jeopardy”

WaPo: The fallout from the Senate’s so-called nuclear option has largely dissipated.And without much fallout, the fate of the once-revered process known as the legislative filibuster faces its greatest peril in more than a century.Senate Republicans are using a complex … Continue reading

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“G.O.P. Ready to ‘Nuke’ Senate Democrats Again Over Nominee Delays”

NYT: Senate Republicans are preparing to detonate a mini-nuke.Angry over Democratic delaying tactics that have slowed the conveyor belt of Trump administration nominees plodding toward confirmation, the Senate majority is preparing to strong-arm a rules change that would reduce required … Continue reading

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Revised Version of My Forthcoming Paper, “Polarization and the Judiciary,” Now Current Through Kavanaugh Nomination

Updated version of the paper out in May in the Annual Review of Political Science.  Abstract: The period of increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state … Continue reading

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“Why American Democracy Is Broken, and How to Fix It”

Jeet Heer in TNR: Richard Hasen, a law professor at the University of California, wondered in a 2013 article whether this called for drastic measures: “The partisanship of our political branches and the mismatch with our structure of government raise the fundamental question: Is the … Continue reading

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“Race or Party, Party as Race, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization In Redistricting and Voting Cases”

I have posted this draft on SSRN, for the forthcoming symposium on Redistricting after 2020 at William and Mary.  I think this piece brings together a lot of my thinking (and others’ thinking) on the “race or party” question in … Continue reading

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“Could campaign finance overhaul help solve congressional gridlock?”

Open Secrets reports on today’s Excellent Sidley forum at NYU in DC: Should we restrict political contributions? How have weakened political parties impacted this election? Can public financing work? President-elect Donald Trump pledged to “drain the swamp,” yet has not proposed changes to the … Continue reading

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