I’ve written this new column for Findlaw. It begins:

Last Tuesday, the Supreme Court press focused on oral arguments over the constitutionality of the DC gun ban. But the same day the Court also issued a barely–noticed, but quite significant election law opinion. The opinion, unfortunately, could lay the groundwork for upholding a host of draconian laws making it harder for some people to vote.
Granted, the result in Washington State Grange v. Washington State Republican Party is a good one: Voters will have more choice over the kinds of primaries they want in their states. However, the reasoning by which the Court got to that result is very troubling. Indeed, it suggests that Chief Justice Roberts may be following a long-term strategy that could have terrible implications for voting rights, especially for poor and minority voters.