A federal judge upheld North Carolina’s Senate map Tuesday, rejecting claims that Republican lawmakers had illegally drawn the districts to dilute the voting power of Black voters.
Challengers to the map argued that it split up Black communities in the northeastern part of the state, but U.S. District Judge James C. Dever III, an appointee of President George W. Bush, ruled that this did not rise to a violation of the Voting Rights Act.
He further wrote that he declined to direct the legislature to “engage in the odious practice of sorting voters by race in order to create a majority-Black Senate district.” In his 126-page ruling, Dever wrote that key experts presented by plaintiffs were not credible and said that given the “paucity of contemporary evidence of intentional discrimination concerning the right to vote against Black voters, the court gives plaintiff’s evidence little weight.”
“It is not 1965 or 1982 in North Carolina. It is 2025,” Dever later wrote. “… Plaintiffs ignore the progress that North Carolina has made over the past 60 years and seek to use (the Voting Rights Act) to sort voters by race in order to squeeze one more Democratic Senate district into the map.”
Monthly Archives: September 2025
“Exclusive: Nevada’s acting US Attorney urged voter fraud probe to help Republicans, document shows”
Nevada’s top federal prosecutor has asked the FBI to investigate debunked Republican claims about voter fraud in the 2020 election, a probe she hopes will influence congressional races and ensnare Democrats, according to a government document seen by Reuters.
In late July, U.S. Attorney Sigal Chattah told Justice Department officials she met with federal agents and handed them a thumb drive containing data compiled by Nevada’s Republican Party about people living in the U.S. illegally who cast ballots in the 2020 election and members of Indian tribes who allegedly received cash for ballots, the document shows. She also urged the agents to call the state’s Republican Party attorney.
Chattah said she expects to pursue a variety of investigative lines of inquiry, but legal experts said she has multiple conflicts of interest and should recuse herself from any investigations involving certain legal clients or political matters she was involved with directly. Justice Department guidelines also stipulate that prosecutors cannot initiate a case based on “political association, activities, or beliefs.”
Chattah told senior officials she wants to remove “illegal aliens” from voter rolls which would possibly lead to a “reallocation of census numbers” and affect the race for Nevada’s 4th congressional district seat, currently held by Democratic U.S. Representative Steven Horsford, the document shows.
Chattah said she also wants to exonerate the six Republicans who were prosecuted by Nevada Attorney General Aaron Ford for posing as fake electors in a failed bid to keep President Donald Trump in power after he lost the 2020 election to Democrat Joe Biden.
Chattah defended one of the accused and a lower court dismissed the charges. The state appealed the case, which is still pending.
Update: Judge Disqualifies Nevada’s Acting U.S. Attorney From Handling Cases
Norm Ornstein: “Will Our Corporate Media Godzillas Have the Guts to Defend Democracy?”
Norm in TNR:
So I am not surprised now to see that broadcasters—in an era when there has been much more concentration of ownership, when the technology has made the business models more fraught—have shown no commitment to anything resembling the public interest or to the fundamentals of a free society. We are no longer in a world where broadcast pioneers like Capital Cities/ABC’s Tom Murphy and local community owners who believed in acting in the public interest have any role. Courage in the face of governmental criticism and governmental power is barely present. Consolidation into behemoths with interests beyond the airwaves and the digital platform now rule. Whether it is Disney or Paramount, Universal or Nexstar, it is all about the bottom line, and the fear of retribution by a thuggish regime means that every value beyond the money goes out the window.
This started early on in the Trump presidency, when Disney-ABC forked over $16 million after Trump said he would sue over a George Stephanopoulos comment that he had been convicted by a jury in a civil case of rape—something the judge in the case said was true even if it did not meet the narrow, technical nature of the term in New York law. The Trump suit would have been thrown out of court—but ABC in effect paid protection money. Paramount soon followed with another capitulation over a laughable case attacking the edit of a Kamala Harris interview on CBS News’s 60 Minutes, ahead of the effort to get approval for the sale of its parent company, Paramount, to David Ellison.
Then came the Jimmy Kimmel episode, with the pending takeover by local-station behemoth Nexstar of local-station behemoth Tegna to create a super-behemoth dominance of local television, with approval needed by the Federal Communications Commission. A commission whose chair, Brendan Carr, wrote the chapter on telecommunications for radical right-wing Project 2025, and has been a leading capo in the crime family administration, using his position to threaten these companies with mayhem unless they capitulate and pay protection money, or kowtow to demands to launder coverage. No other FCC chair ever has misused the power of the office in this way. And he is likely to push to remove or deeply dilute the limit on station ownership, now at 39 percent, along with the ban on owning more than two stations in any marketplace.
The media world was vastly different when our Advisory Committee was created. High-definition television was just beginning; a 24-inch HDTV cost up to $10,000. When we asked consulting firms that focused on media trends whether and when the new technology would break through to the mass public, they predicted that it would take decades to reach reasonable prices, say $2,000 for an HDTV set. Of course, they were way wrong—you can now buy a 70-inch smart TV with ultrahigh definition for a few hundred dollars, a 24-inch one for 70 bucks at Best Buy. And of course there was no idea back then that we would have smartphones or social media.
But there is another way the media world is different. Five companies—five—now control 90 percent of the marketplace. Disney, Comcast, Warner Brothers Discovery, Paramount, and Fox are the media Godzillas, and if Ellison and Paramount get their way and purchase WBD, it will be four. Add to that the fact that right-wing billionaires dominate social media, from X to Meta and now TikTok, and other billionaires with wide business interests that are affected directly by federal government action own The Washington Post and Los Angeles Times, among others of our key newspapers, and we are in an extraordinarily dangerous place. And add further the evisceration via government cuts of public media like NPR and PBS, hitting rural areas especially hard.
As the internet became ever-present and universal, as digital and other technology moved rapidly in the communications sphere, the place and vibrancy—and bottom line—of the most venerable sources of news and information eroded and then collapsed. The New York Times leadership was smart enough to diversify, finding other business avenues, from puzzles to consumer information, to supplement the revenues from the newspaper, and finding other ways to promote the content of the paper. When Jeff Bezos bought The Washington Post, it was applauded by fans of democracy and the public interest; the old business model for it and most legacy media, especially print media, had disappeared, and sustaining flagship entities like the Post, and later the L.A. Times, required benign philanthropists for whom annual losses in the tens or hundreds of millions were trivial prices to pay for the good they were preserving and enhancing. That Bezos would move from philanthropy to concern about the Post’s bottom line seemed implausible; that he would erase the “Democracy Dies in Darkness” motto to protect his interests in Blue Horizon and Amazon from damage done by Trump’s henchmen has been jarring.
Of course, some of this dynamic has been deliberately manipulated by those malign actors like Elon Musk, using small—by their standard—portions of their vast wealth to buy, transform, and shape key new communications avenues and tools. And it now describes Trump’s illegal actions involving TikTok, violating the law and engineering a takeover by Peter Thiel and other allies of his authoritarianism. Some of these entities have a history of turning a blind eye to manipulation of elections from Russia, China, and other foreign actors. We can expect more of that. The combination of malign actors manipulating platforms like X and Facebook and taking over TikTok, alongside billionaires and huge corporate conglomerates who will do anything to avoid authoritarian retribution, has left us with a desolate media landscape.
“Trump posts vulgar deepfake slam of Democratic leaders after White House meeting”
If a government shutdown wasn’t already exceedingly likely, President Donald Trump might have made it a near certainty Monday night.
The president posted a vulgar AI-generated deepfake video to his Truth Social slamming the top Democratic leaders — Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries — just hours after he hosted the two for an Oval Office meeting.
The video depicts Schumer and Jeffries as if speaking to reporters following the meeting, but the fabricated audio has Schumer saying Democrats “have no voters anymore, because of our woke, trans bullshit” and that “if we give all these illegal aliens health care, we might be able to get them on our side so they can vote for us.”…
“‘There could very well be consequences’: Trump’s team pressures wary GOP lawmakers to draw new maps”
President Donald Trump is ratcheting up pressure on Republicans to redraw congressional maps across the country, going as far as weighing a primary challenge to New Hampshire Gov. Kelly Ayotte if she continues avoiding a remapping effort in her state.
The warning — first divulged to POLITICO by a top national Republican familiar with the White House’s thinking — marks the latest example of Trump’s team threatening consequences for politicians hesitant to engage in the party’s aggressive push to redesign the makeup of the House ahead of next year’s midterms.
Ayotte, the rare Republican with an independent streak, has dodged redistricting despite some support in the state Legislature. She did not respond to a request for comment. In Indiana, Trump’s team is exploring repercussions for Republicans who don’t support its remapping effort that’s being backed by GOP Gov. Mike Braun.
“The base is onto this. If you are a Republican perceived to be in the way of Republicans, there could very well be consequences,” said the national Republican official, granted anonymity to discuss ongoing conversations, adding that the White House expects every GOP state that could redraw its map to do so.
And Adam Kincaid, president of the National Republican Redistricting Trust and cartographer of some redrawn maps, said, “The base is saying, ‘Hey, you should be doing this,’ and politicians are responding in kind. It’s kind of politics 101.”…
“SCOTUS Spotlight: Oral Arguments in Louisiana v. Callais” (Oct. 16)
This conference, presented by FSU’s Election Law Center, will be a one-hour teleforum taking place on October 16, 2025, at 12 PM EST. We’ll bring together three panelists and a moderator to dig into the U.S. Supreme Court’s oral arguments in Louisiana v. Callais — a pivotal case balancing Section 2 of the Voting Rights Act and the Equal Protection Clause. The discussion will highlight key moments from the justices’ questions and unpack what the decision could mean for election law and constitutional doctrine. Continuing Judicial Education (CJE) and CLE credit is available.
“Constitutional Structure and Election Law”
Manoj Mate has posted this draft on SSRN (forthcoming William & Mary Bill of Rights Journal). Here is the abstract:
Since Bush v. Gore, scholarship on election law has centered on a theoretical debate between rights-based and structural theory approaches, and the appropriate role and scope of judicial intervention in election law cases. However, these debates have not fully assessed the degree to which the Court’s approach to constitutional structure has fundamentally reshaped election law. Over the past two decades the Court has increasingly emphasized the importance of constitutional structure-based approaches in election law cases. This article analyzes these dynamics and advances a typology of constitutional structure-based approaches applied by the Roberts Court in election law cases. Drawing on scholarship on modalities of interpretation and insights on studies of constitutional structure in constitutional law and election law, I identify and examine three main categories of constitutional structure-based approaches in contemporary election law adjudication: historicist, structuralist, and background structure approaches. The article examines how these approaches are applied through close analysis of key cases involving the scope of congressional and state powers under the Elections Clause, Section 3 of the Fourteenth Amendment, the Voting Rights Act, partisan and racial gerrymandering, and application of the Anderson-Burdick framework in voting rights cases. The Court’s application of structure-based approaches has key implications. First, I argue that this typology of approaches suggests key insights for the proper scope and role of judicial intervention in election law cases. Second, these approaches also have important implications for advancing key structural values and goals related to the operation of democracy. Third, approaches to structure have implications for the nature and scope of protections for voting rights and rights-interest balancing. Finally, the article examines how the Court’s application of approaches to constitutional structure impact models of constitutional governance based on relative centralization and decentralization of power over electoral regulation. The article concludes by considering the implications of structure-based approaches on advancing constitutional and structural values related to elections and the right to vote.
Very Excited to Announce My New Book Project, “Unbent Arc: The Rise and Decline of American Democracy 1964-2024”
“From bipartisanship to power politics: why the promises of Ohio’s redistricting reform unraveled”
In May 2018, after Ohio voters overwhelmingly approved the state’s current process for redrawing congressional districts, the Republican and Democratic sponsors of the proposal declared it would stop gerrymandering and ensure bipartisan collaboration.
“Ohio has decided that partisan motivation will no longer determine the shape of congressional districts,” said the Democratic sponsor, then-state Sen. Vernon Sykes of Akron, in a victory statement along with Republican then-state Sen. Matt Huffman of Lima.
Seven years later, that expectation of bipartisan cooperation has all but vanished. Instead, Republicans will soon be able to ram through new maps to their liking for the second time in four years, whether Democrats like it or not.
Ohio’s current congressional districts were approved in 2021 without any Democratic votes and were put in place when Republicans ignored a (since-overturned) Ohio Supreme Court ruling that they were unconstitutionally gerrymandered.This fall, Ohio Republicans are expected to pass a new redistricting plan that is designed to help their party win 12, if not 13, of the state’s 15 U.S. House seats next year – up from the 10 seats the GOP currently holds.
So, what happened?
Huffman, through a spokeswoman, declined an interview request, and Sykes didn’t return a phone call seeking comment for this story. But Republican and Democratic lawmakers, as well as experts and activists involved with the 2018 redistricting amendment, offered several reasons why Ohio’s congressional process hasn’t delivered on what voters were promised seven years ago….
“YouTube to Pay $24.5 Million to Settle Lawsuit Brought by Trump”
WSJ:
YouTube has agreed to pay $24.5 million to settle a 2021 lawsuit that President Trump brought against the company and its chief executive over its suspension of Trump’s account after that year’s riot at the U.S. Capitol, according to court papers.
The settlement makes YouTube, which is owned by Alphabet’s Google, the final Big Tech company to settle a trio of lawsuits Trump brought against social-media platforms in the months after he left the White House. Meta Platforms agreed in January to pay $25 million, most of it to a fund for Trump’s presidential library, and X agreed to pay $10 million, much of it going directly to Trump, The Wall Street Journal previously reported.
Google executives were eager to keep their settlement smaller than the one paid by rival Meta, according to people familiar with the matter. Trump’s share of the settlement—$22 million—will go to the nonprofit Trust for the National Mall, earmarked for the construction of a Mar-a-Lago-style ballroom Trump is building at the White House, according to the court documents. The White House has said the ballroom, expected to cost $200 million, would be funded by donations from Trump and “other patriot donors.”
A further $2.5 million will go to the other plaintiffs on the case, a group that includes the American Conservative Union and writer Naomi Wolf. The settlement doesn’t mention attorney fees.
Google declined to comment.
Since last fall’s election win, Trump has raked in more than $80 million in settlements stemming from lawsuits he has brought against Big Tech and media companies. Paramount Global said in July that it had agreed to pay $16 million to settle a suit that Trump brought over a “60 Minutes” interview with former Vice President Kamala Harris….
YouTube suspended Trump’s channel after the Jan. 6 riot at the U.S. Capitol, saying it had removed videos that violated its policies against content that could incite violence. The platform reinstated his channel in March 2023.
Legal analysts have been dubious about the legal merits of Trump’s complaints against Meta, YouTube and X (then called Twitter). In May 2022, a federal judge dismissed the suit against Twitter, which Trump’s lawyers appealed. Judges subsequently stayed the Meta and YouTube suits, and in 2023, a judge administratively closed the YouTube case. After X paid to settle Trump’s lawsuit in February, Trump’s lawyers sought to reopen the case.“There is a reason to settle, but it has little to do with the law,” said Mark Graber, a professor at the University of Maryland’s Carey School of Law. “The present Supreme Court doctrine is very clear that private companies need not give anyone a right of access.”
But he said major companies that are regulated by the Trump administration likely have a strong business case to resolve the legal matters. “If you’re Meta or Google, $25 million is lunch money. It is probably worth $25 million in lunch money to make this go away.”…
Safeguarding Democracy Project Live and Online Program October 7: “Lessons from the 2024 Elections for 2026 and Beyond: A Conversation with Nate Persily”

Tuesday, October 7, 12:15pm-1:15pm PT, Room 1337
UCLA Law and online
Register here for in-person. Lunch will be provided.
Register here for Webinar.
Richard L. Hasen, Director, Safeguarding Democracy Project, UCLA and Nate Persily, Stanford Law School
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 1 hour of MCLE credit.
“In Going After His Foes, Trump Sets a Precedent That Could Haunt His Allies”
Peter Baker for the NYT:
he indictment of the former F.B.I. director James B. Comey demanded by President Trump sent a shiver of fear through others on the so-called enemies list of the current F.B.I. director Kash Patel. But one other person who might have reason for concern is Kash Patel himself.
There will, presumably, come a time when the Republican Party is no longer in control. A precedent has now been set for prosecuting a former F.B.I. director disfavored by the current administration for allegedly lying to Congress. Democrats already are accusing Mr. Patel of having lied to Congress in his confirmation hearings when he promised not to engage in political retaliation.
Mr. Trump’s campaign to imprison, fire or otherwise punish his political foes and use government power to crack down on free speech he does not like has broken norms that stood for generations. But it has also established new standards for what a president can do that even some conservatives worry may come back to bite them. Power claimed by one party is then eventually available to the other. Limits ignored by one administration may no longer seem binding on the next.
If the precedent set by Mr. Trump takes hold, America may be entering a period when each new administration takes aim at the last one in a cycle of retaliation, a what-goes-around-comes-around pattern more familiar in authoritarian countries than in developed Western democracies. Even presidents more restrained than Mr. Trump may succumb to the temptation to follow at least some of his example.
“Conservatives should see this for what it is: shortsighted and dangerous,” said Sarah Matthews, a deputy White House press secretary in Mr. Trump’s first term who resigned in protest after the Jan. 6, 2021, attack on the Capitol.
“If a Democrat wins in 2028, what’s to stop them from turning the D.O.J. on Trump officials or unleashing the F.C.C. on Fox News?” she said. “Trump is setting a precedent that will come back to haunt the right and they’ll have no leg to stand on if Democrats use the same playbook against them.”…
“MyPillow founder defamed Smartmatic election tech company, judge rules”
MyPillow founder Mike Lindell defamed the election technology company Smartmatic with false statements that its voting machines helped rig the 2020 presidential election, a federal judge in Minnesota ruled recently.
But US district judge Jeffrey Bryan deferred until future proceedings the question of whether Lindell – one of the country’s most prominent propagators of false claims that the 2020 election was a fraud – acted with the “actual malice” that Smartmatic still needs to prove to collect any damages.
The judge said there are “genuine fact disputes” as to whether Lindell’s statements were made “with knowledge that they were false or made with reckless disregard to their falsity”. He noted that the defense says Lindell has an “unwavering belief” that his statements were truthful….
Georgia: “State Election Board consumed by power struggles, political agendas”
When it’s not busy bickering, the State Election Board keeps trying to insert itself into Georgia’s voting process even after the state Supreme Court reduced its power this spring.
The board’s two-day meeting last week was marked by arguments over manhood, attempts to subpoena ballots from the 2020 election and efforts to end no-excuse absentee voting.
The Republican-controlled board also debated a rule that would give itself the power to eliminate Georgia’s voting touchscreens, fought over the chair’s authority, and proposed that lawmakers shorten voting deadlines for military and overseas voters.
All these squabbles came after the Georgia Supreme Court ruled that the board lacks the ability to create new election rules — such as statewide hand ballot counts and inquiries before certifying results — that go further than state laws. The high court said only legislators elected by the people can make those kinds of laws.
Instead, the unelected board members continued pushing partisan agendas and grievances over the election five years ago that President Donald Trump narrowly lost.
The three Republicans who make up the board’s majority — the same ones Trump praised as “pit bulls” at a campaign rally last year — are at war with their Republican chair, whose only support at times comes from the board’s lone Democrat. Members of both political parties have said at legislative hearings the board is “dysfunctional.”
The board’s disputes boiled over Wednesday when the majority’s hand-picked executive director, James Mills, challenged Chair John Fervier to “be a man” and relinquish power over posting meeting schedules online.
“The chairman is unwilling to do the will of the majority,” Mills said. “You can be a man and accept that, or you can deny it, but that’s the truth.”
Fervier said he would work with the board’s majority, but he said it’s his job to review meeting notices before posting them.
“I don’t need you to sit up here and question my manhood,” said Fervier, who was appointed by Gov. Brian Kemp. “Are you ready to move on, or do you want to keep beating this dead horse?”…
