Alabama Urges a “Race-Blind” Theory of the VRA

February 4, 2022, 1:58 pmUncategorizedNicholas Stephanopoulos

Rick surveyed the Supreme Court filings in the Alabama VRA case. I wanted to flag that Alabama’s position is exactly the “race-blind” theory of the Voting Rights Act that Jowei Chen and I described (very much without endorsing) in our… Continue reading

How Should Democrats Respond to the GOP’s Censure of Cheney & Kinzinger?

February 4, 2022, 1:29 pmalternative voting systems, election subversion risk, political parties, UncategorizedNed Foley

I take the censure as further evidence that the Democratic Party, if it wants to protect small-d democracy, must try to save the Republican Party from itself. To have a functioning democracy, the United States needs a responsible right-of-center party,… Continue reading

“Five Best: Books on American Political Parties “

February 4, 2022, 11:06 ampolitical parties, UncategorizedRichard Pildes

From the WSJ. Chosen by Michael Kazin, the books are: The Idea of a Party System:The Rise of Legitimate Opposition in the United States, 1780-1840 By Richard Hofstadter (1969) Affairs of Party: The Political Culture of Northern Democrats in… Continue reading

“G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’”

February 4, 2022, 10:18 amUncategorizedRichard Pildes

NYT: The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” formally rebuking two lawmakers in the party who have been most outspoken in condemning the… Continue reading

The Institutional Context of the New GOP

February 4, 2022, 9:11 amalternative voting systems, election subversion riskNed Foley

Rick Pildes has highlighted the significance of the Axios story on the transformed Republican Party. I want to add one more point (which is a version of the question I plan to ask a lot this year): would it be… Continue reading

Analysis: In 2020 Pre-Election Litigation (Before Trump Tried to Overturn Election), Democratic and Voting Rights Organizations Ultimately Lost Election Law Cases “By a Ratio of More than 7 to 1”

February 4, 2022, 8:49 amelection administration, The Voting WarsRick Hasen

Even as someone who follows this litigation closely, I was astounded by this detailed analysis passed along by a knowledgeable reader: There is no question that the 2020 election gave rise to more litigation than any election in modern history. … Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:38 amelection subversion risk, UncategorizedRichard Pildes

From Ned Foley, at LawFare: The big fear from many liberals is that revising the Electoral Count Act (ECA), to prevent Congress from negating a Democratic presidential candidate’s valid victory in the way that Sen. Josh Hawley and Rep.… Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:25 amelection subversion riskNed Foley

Lawfare has posted an essay I’ve written on the essential role of federal courts in stopping election subversion by state officials and how this essential role fits in with ECA reform.

“Right’s new media powers”

February 4, 2022, 7:59 amUncategorizedRichard Pildes

More from the Axios story: An important shift is accelerating online: Many GOP primary voters now get their information directly from influencers including Candace Owens, Dan Bongino, Joe Rogan, Dave Portnoy, Charlie Kirk, Marjorie Taylor Greene — and websites including… Continue reading

“G.O.P. Lawsuit Casts N.Y. Congressional Maps as Brazen Gerrymandering”

February 4, 2022, 7:57 amredistrictingRick Hasen

NYT: A Republican-led group of voters filed a lawsuit late Thursday challenging New York’s freshly drawn congressional maps as unconstitutional, a day after Democratic lawmakers in Albany approved district lines that would heavily favor their party in its battle to… Continue reading

“The making of a modern Republican”

February 4, 2022, 7:56 amUncategorizedRichard Pildes

From Axios: Paths to power and winning electionsinside the GOP are changing rapidly and radically, spawning a new generation of kingmakers while diminishing the clout of many who lorded over the party for years. Why it matters: Fourteen of the… Continue reading

“Pamela Moses, a Black woman, has been sentenced to six years in prison because of a voting error. Meanwhile, white individuals who are known to have committed blatant voter fraud have only received probation.”

February 4, 2022, 7:32 amfelon votingRick Hasen

Watch Janai Nelson discuss this case on Maddow. Sam Levine: Over the last few months, I’ve been following the case of Pamela Moses, a 44-year-old activist in Memphis who was convicted in November for trying to register to vote… Continue reading

“Arizona Republican House speaker effectively dooms GOP bill to allow state legislature to reject election results”

February 4, 2022, 7:03 amelection subversion riskRick Hasen

CNN: A Republican bill that would have overhauled elections in Arizona — including giving the state legislature the power to reject election results — proved to be too much even for state GOP leaders this week.Arizona House Speaker… Continue reading