Watch My Hammer Museum Interview with Professor Leah Litman About Her New Supreme Court Book, “Lawless”
You can watch here.
The State Interest Solution
I want to return to one possible outcome in Callais—holding that compliance with Section 2 isn’t a compelling state interest—that I’ve previously flagged but hasn’t gotten much attention. Here are some points about this resolution that could be attractive to… Continue reading
Janai Nelson (Who Argued Callais) and I Were on MSNBC Talking About the Supreme Court and the Voting Rights Act (Link to Video)
“The Supreme Court Case That Could Hand the House to Republicans”
Nate Cohn in NYT:
Republicans have been redrawing congressional districts this year at President Trump’s behest, but so far it hasn’t seemed to be enough to deny Democrats a reasonable path to control of the House of Representatives.
That… Continue reading
Lori Ringhand and Zach Poppe on Congruence & Proportionality
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
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”
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”
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.”
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”
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
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
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
You can find it here.
Callais Re-Argument Recap
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