Lori Ringhand and Zach Poppe on Congruence & Proportionality

October 16, 2025, 7:58 amUncategorizedVoting Rights ActSpencer Overton

Abstract below, and the full paper is on SSRN. CONGRUENCE & PROPORTIONALITY AS A CONSTITUTIONAL CONSTRUCTION The constitutionality of section 2 of the Voting Rights Act is one of the most hotly debated issues in U.S. election law. Congress… Continue reading

ELB Contributors on Callais Oral Argument

October 16, 2025, 7:53 amUncategorizedRedistricting; Louisiana, Voting Rights Act; Section 2Spencer Overton

Initial thoughts on ELB from Rick Hasen, Ned Foley, Derek Muller, and Travis Crum. I was in the courtroom for oral argument, expressed a few general thoughts in the media, and may share more detailed thoughts… Continue reading

“Court appears ready to curtail major provision of the Voting Rights Act”

October 16, 2025, 7:51 amUncategorizedredistricting, Voting Rights Act; Section 2Spencer Overton

SCOTUSblog: The Supreme Court on Wednesday appeared ready to strike down a 2024 congressional map that a group of voters has challenged as the product of unconstitutional racial gerrymandering – that is, according to them, it sorts voters based… Continue reading

“The Supreme Court Left No Doubt: It Will Gut the Voting Rights Act”

October 16, 2025, 7:50 amUncategorizedSpencer Overton

Commentary by Elie Mystal in The Nation: The Supreme Court heard oral arguments on Wednesday in Louisiana v. Callais, a case about whether Section 2 of the Voting Rights Act prevents white people from overrepresenting themselves in Congress.… Continue reading

“We’re getting another look at congressional candidates’ campaign finances. Here’s what to look for.”

October 16, 2025, 7:49 amUncategorizedcampaign finance reportingSpencer Overton

POLITICO: …House and Senate candidates are due to file quarterly fundraising reports to the Federal Election Commission by midnight Wednesday. The reports, which cover July through September, include total fundraising and spending numbers, as well as all donations from… Continue reading

“Court Finds 501(c)(4) Exemption & Political Activity Standard Unconstitutional”

October 16, 2025, 7:48 amUncategorizedCampaign financeSpencer Overton

Lifting up this matter from early October in case you missed it as well as commentary from Brad Smith and Eric Wang in WSJ and coverage in Current Federal Tax Developments (hat tip to Ellen Aprill): …the United States District… Continue reading

At the NYU Democracy Project: How Philanthropies Fuel the Extremes

October 16, 2025, 6:02 amUncategorizedRichard Pildes

From Daniel Stid’s essay today, titled ‘First, Do No Harm!’ Five Steps Philanthropy Should Take to Bolster Liberal Democracy: To be clear, responsible pluralism ultimately depends not on what specific causes philanthropic funders support but rather on how they… Continue reading

Miscellaneous thoughts on Callais

October 16, 2025, 3:55 amSupreme CourtDerek Muller

I confess, I’ve found the litigation saga surrounding Callais quite complicated (including what, precisely, re-argument was supposed to accomplish, and why Justice Thomas wrote separately this summer frustrated at the prospect of re-argument), and oral argument on Wednesday didn’t really… Continue reading

Read the Transcript in Today’s Oral Argument in the Louisiana v. Callais Voting Rights Case Before the Supreme Court

October 15, 2025, 1:29 pmSupreme Court, Voting Rights ActRick Hasen

You can find it here.

Callais Re-Argument Recap

October 15, 2025, 12:38 pmredistricting, Supreme Court, Voting Rights ActTravis Crum

Earlier today, I attended the oral argument in Callais. My global takeaway is a bit more sanguine than Rick’s. When the case was set for re-argument, the new QP flagged Section 2’s constitutionality: whether it constitutes a compelling governmental… Continue reading

“Live Updates: Supreme Court Appears Poised to Upend Key Provision of Voting Rights Act”

October 15, 2025, 12:12 pmUncategorizedVoting Rights Act; Section 2Spencer Overton

NY Times: In a dispute over a Louisiana voting map, the conservative majority signaled it might prohibit using race as a factor in creating election districts. Resulting redistricting could let states cement Republican control of Congress….

Quick thought about Callais

October 15, 2025, 11:18 amUncategorizedNed Foley

Given all the discussion in today’s oral argument about the “congruence and proportionality” test under Boerne for assessing the scope of congressional enforcement power under the Fourteenth and Fifteenth Amendments (an issue I addressed in my first SCOTUSblog post on … Continue reading

Early Signs from Oral Argument in Callais Suggest that Section 2 of the Voting Rights Act is in Real Trouble

October 15, 2025, 7:58 amSupreme Court, Voting Rights ActRick Hasen

As I explained back in August, the Supreme Court reached and and in the most opaque way on a late Friday afternoon in mid-summer, the Court turned a ho-hum racial gerrymandering case where the court had to determine whether race… Continue reading

NYVRA Oral Argument

October 15, 2025, 5:49 amUncategorizedNicholas Stephanopoulos

This is a big week for voting rights oral arguments. Yesterday, before the New York Court of Appeals, I argued on behalf of the plaintiffs in Clarke v. Town of Newburgh, a challenge to the town’s at-large electoral system… Continue reading