Federal District Court Rejects Voting Rights Act Section 2 Challenge to Arkansas Redistricting Plan, on the Extreme and Ridiculous Grounds That Section 2 Does Not Allow Private Plaintiffs to Sue for Violations

Another example of the kinds of extreme arguments that Southern states have been making and that should have no chance of succeeding in the courts. But today, with this Supreme Court, unfortunately they have a decent chance. (Via Mark Continue reading

My New Research: Election Litigation Rates in the U.S. Have Hit an All-Time High: 2020 Rate is 26% Higher Than 2016, But Future Trends Less Certain (Election Law Journal)

I have written Research Note: Record Election Litigation Rates in the 2020 Election: An Aberration or a Sign of Things to Come? for the Election Law Journal (free access to full article). Here is the abstract: Election litigation rates in… Continue reading

“Defenders of #SCOTUS’s shadow docket behavior (including Justice Alito), insist that the Court’s orders aren’t precedential. But here’s the judge hearing VRA challenges to *Georgia’s* redistricting suggesting that he’s “bound” to follow the unexplained stays in the Alabama cases”

Vladeck of course. Defenders of #SCOTUS's shadow docket behavior (including Justice Alito), insist that the Court's orders aren't precedential. But here's the judge hearing VRA challenges to *Georgia's* redistricting suggesting that he's "bound" to follow the unexplained stays… Continue reading

Those Defending North Carolina’s Partisan Gerrymandering of Congressional Maps May Not Have Preserved Independent State Legislature Doctrine for Potential SCOTUS Review, and NC Supreme Court Rejects Argument on Merits (with an Update that the Argument Was Made Below)

Following up on this post, Jordan Wilkie notes the following in the majority opinion issued by the North Carolina Supreme Court yesterday: https://twitter.com/jojot_wilkie/status/1493621048046202881?s=20&t=le0TP64TsXpZrrea4FNqow Update: It turns out that the argument was made in the trial court, per Derek MullerContinue reading