The most doctrinally significant portion of the Court’s opinion in Brnovich is part III.C.1, where the Court announces a series of factors that will be particularly salient in Section 2 vote denial cases from this point forward. These factors are… Continue reading
I wrote this column for the Washington Post on the Supreme Court’s decision in Brnovich. It concludes as follows:
It isn’t textualism to follow statutory language only when doing so is congenial to one’s ideological allies. It isn’t textualism to… Continue reading
One of the changes coming to ELB is that ELB contributors are going to be part of a regular blogging rotation as the primary blogger on the site. Each contributor may sign up for one to two weeks of regular… Continue reading
I have written this guest essay for the New York Times. It begins:
In two disturbing rulings closing out the Supreme Court’s term, the court’s six-justice conservative majority, over the loud protests of its three-liberal minority, has shown itself hostile… Continue reading
The following is a guest post from Travis Crum:
In today’s decision in Brnovich v. DNC, the Supreme Court established a new, more stringent discriminatory-effects test for vote-denial claims brought under Section 2 of the Voting Rights Act.… Continue reading
In a 6-3 opinion, the Supreme Court has stuck down on a facial challenge California’s law requiring disclosure of donor information to CA officials for law enforcement purposes. But the case has major implications for campaign finance disclosure rules.… Continue reading
The Supreme Court, in a 6-3 decision, has severely weakened Section 2 of the Voting Rights Act as a tool to fight against laws that make it harder to register and vote. Rather than focus on disparate impact—whether a law… Continue reading
WaPo:
A federal judge on Wednesday blocked a Florida law that would penalize social media companies for blocking a politician’s posts, a blow to conservatives’ efforts to respond to Facebook and other websites’ suspension of former president Donald Trump.The law… Continue reading