Category Archives: Elections Clause
House Passes H.R. 1
Final vote: 234-193.
UPDATE: The text of the whole thing [will be] here. (As of 7:30pm ET on 3/8/19, the only text appears to be from an earlier version: the version actually considered is a combination of this… Continue reading
“Crossing State Lines: The Supreme Court’s conservatives may be preparing an attack on states’ ability to combat partisan gerrymandering.”
Mark Stern for Slate.
“The Supreme Court’s Elections Clause dilemma in Pennsylvania”
Lyle Denniston for Constitution Daily.
“Legislative Delegations and the Elections Clause”
Derek Muller has posted this draft on SSRN (forthcoming, FSU Law Review). Here is the abstract:
Arizona State Legislature v. Arizona Independent Redistricting Commission might be viewed as a dispute about the control over redistricting, with a heavy emphasis on… Continue reading
“Election Law Federalism”
Justin Weinstein-Tull has posted this draft on SSRN (forthcoming, Michigan Law Review). Here is the abstract:
This Article provides the first comprehensive account of non-Voting Rights Act federal voting laws. Section 5 of the Voting Rights Act — long the… Continue reading
Justice Ginsburg Speaks on Citizens United, Arizona Redistricting
The Justice spoke at Duke. She said this about Citizens United (via Adam Liptak):
The court’s worst blunder, she said, was its 2010 decision in Citizens United “because of what has happened to elections in the United States and… Continue reading
“The New Elections Clause”
Michael Morley has posted this draft on SSRN. Here is the abstract:
The Supreme Court’s recent ruling in Arizona State Legislature v. Arizona Independent Redistricting Commission (“AIRC”) lays to rest several pressing disputes concerning the Elections Clause of the U.S.… Continue reading
“Analysis: Despite Ruling, Redistricting Reformers Pessimistic”
Ross Ramsey in the Texas Tribune:
Texas does not have an independent redistricting commission and is probably not going to get one.
But the lawmakers who have been ignoring the idea for years lost one of their excuses: In a… Continue reading
Must-Read Ned Foley on the Promise of Election Reform after #SCOTUS AZ Case
Leading off Electionline Weekly.
Michael Morley on the SCOTUS AZ Redistricting Decision
Here is a guest post from Michael Morley, whose article on the Elections Clause issue was cited by Chief Justice Roberts in his AZ dissent:
Yesterday, the Supreme Court upheld the use of independent redistricting commissions to redraw congressional… Continue reading
AZ Redistricting Roundup
Will the AZ Redistricting Case Save National Popular Vote From Constitutional Challenge?
Yesterday’s Supreme Court decision reading the term “Legislature” capaciously for purposes of the Elections Clause likely means it would be read capaciously for purposes of Article II as well. This means, for example, that if a state by initiative decides… Continue reading
“At the Supreme Court, a Win for Direct Democracy”
Rick Pildes NYT oped concludes:
The Supreme Court often surprises critics who see it in simplistically ideological terms. As this term and this decision confirm, the current court remains a pragmatically minded institution that interprets legal language with an eye… Continue reading