This Lawfare essay by Irina Manta and Cassandra Burke Robertson discusses a pending cert petition that raises the issue of who exactly is entitled to birthright citizenship and offers the Court an opportunity to overrule the Insular Cases. In the… Continue reading

Happy to have been a guest on this episode of 1A with Miles Parks and Carly Koppes. Listen.

This New York Times article describes a criminal complaint filed in federal district court.  It alleged that a Manhattan resident, Louis Koch, requested absentee ballots in over one hundred people’s names.  They included notable lawyers, politicians, and journalists.  The New… Continue reading

This CNN report notes that the Justice Department procured a warrant to search the contents of John Eastman’s cell phone.  The Department does so as part of its criminal probe into the efforts of Eastman and others to convince former… Continue reading

This Wall Street Journal op-ed by Karl Rove discusses former President Trump’s four PACs.  As of June 30, they held $121 million.  In contrast, the combined chests of the Republican National Committee, the National Republican Senatorial Committee, and the National… Continue reading

This NPR investigation with WABE and Georgia Public Broadcasting addresses barriers to voting via drop box.  In 2021, the Georgia legislature passed Senate Bill 202.  The new law restricted access to drop boxes in the counties most reliant on them. … Continue reading

The American Political Science Review published this generative article by Professors Nicholas Eubank and Adriane Fresh.  The abstract reads: “The 1965 Voting Rights Act (VRA) fundamentally changed the distribution of electoral power in the US South.  We examine the consequences… Continue reading

I have been invited to testify today to this committee at a hearing on the independent state legislature theory. My written testimony, available here, first explains that there are several different versions of what an “independent state legislature doctrine” might… Continue reading

This case study explores the effects of COVID-19 on the 2020 presidential election.  It specifically analyzes the actions taken to offer open and safe participation.  And it examines campaigns to overturn legally cast and counted ballots and “the degree they… Continue reading

The Ohio State Law Journal Online is publishing a short piece by Professor Mark Brown.  The abstract is below: “During the gubernatorial election in 2018, Ohio’s Democratic (Cordray) and Republican (DeWine) candidates squared off in a series of televised debates… Continue reading

This Teen Vogue op-ed explains why the Act is needed.  It traces the history of the Twenty-Sixth Amendment and contends that its promise remains unfulfilled.  Senator Elizabeth Warren (D-MA) and Representative Nikema Williams (D-GA) introduced the YVRA this month. “The… Continue reading

This POLITICO article argues that Section 2 of the Fourteenth Amendment offers a way to penalize states that deny “or in any way abridge[]” the right to vote.  The federal government has never enforced this penalty clause.  If it did,… Continue reading

This Washington Post article broke the news that the Justice Department is investigating former President Donald Trump’s actions in planning to overturn the 2020 election as part of its criminal probe.  Prosecutors questioning witnesses before a grand jury have inquired… Continue reading

The Atlanta Journal-Constitution reports that Republican vigilante voters are asking local election boards to cancel thousands of voter registrations.  They rely on a law passed after the 2020 election.  It permits any voter to challenge the eligibility of other Georgia… Continue reading