“Aligning Constitutional Law”
I just posted this paper, written for the Ohio State Law Journal’s symposium on my book, “Aligning Election Law.” The paper explores how the principle of alignment — congruence between governmental outputs and popular preferences — could be… Continue reading
Watch Archived Video of Safeguarding Democracy Project Program, “The Risk of Federal Interference in the 2026 Midterm Elections”
We had a great discussion with Ben Haiman, Liz Howard, and Stephen Richer. Watch:
“Wisconsin has a new bill to allow early start to absentee ballot processing. Can it pass?”
VoteBeat’s article explains the new compromise proposal aimed at getting holdouts to agree to early processing of absentee ballots. The compromise includes “regulations for ballot drop boxes and an explicit ban on clerks fixing, or curing, errors on ballots.” Will… Continue reading
“Blue states get green light on suit over Trump’s election changes”
Courthouse News reports on the federal district court’s denial of the Trump Administration’s motion to dismiss in the lawsuit challenging Trump’s executive order on elections. The court ruled that the states have standing to sue and that they plausibly allege… Continue reading
“Trump, allies seek to punish speech they dislike following Kirk killing”
Divergent civics education efforts
I was struck by reading two sharply contrasting stories about different civics education initiatives this week. First, within an article focusing on on the “In Pursuit” project (which has prominent current figures discussing significant individuals in American history), the N.Y.… Continue reading
David French’s newsletter on free speech at this moment
Characteristically thoughtful and eloquent words from the N.Y. Times columnist. It begins: “It’s hard to grasp the magnitude of the emerging threat to free speech in the United States.”
It ends by quoting some of Justice Robert Jackson’s best lines… Continue reading
“A New Democratic Think Tank Wants to Curb the Influence of Liberal Groups”
N.Y. Times reports on Adam Jentleson’s new organization, which is “starting with an annual budget of $10 million … [and] is subsidized by a roster of billionaire donors highlighted by Stephen Mandel, a hedge fund manager, and Eric Laufer, a… Continue reading
“Meta created its own super PAC to politically kneecap its AI rivals”
Interesting story in The Verve. “’It’s essentially a way for [Zuckerberg] to spend the company’s money on his political choices, whereas at a company like Google, there’s not a single person who’s a majority shareholder who can dictate what the… Continue reading
“Justice Department says it’s suing Oregon and Maine as it seeks voter data in multiple states”
AP reports. DOJ claims that the states are violating the NVRA, HAVA, and the Civil Rights Act of 1960. Both states are vigorously opposing DOJ’s efforts to get access to the state’s unredacted voter registration database, citing privacy concerns. This… Continue reading
“Sisyphean Democracy”
At NYU’s Democracy Project, Professor Wojciech Sadurski, Challis Professor of Jurisprudence at the University of Sydney and Professor at the University of Warsaw Center for Europe, has an important essay on the struggle of how democrats should respond, once… Continue reading
“Pam Bondi Needs a Free Speech Tutorial”
Wall Street Journal editorial. It begins: “Is a basic understanding of the First Amendment too much to expect from the nation’s Attorney General?”
“The Georgia Election Chief Who Angered Trump Plans Run for Governor”
The Wall Street Journal reports. The article points out that Trump has already endorsed Secretary of State Brad Raffensperger’s opponent for the Republican nomination, Lt. Gov. Burt Jones. The state AG, Chris Carr, is also in the race for the… Continue reading