“Justice Kennedy, Off the Bench but Still Rendering Opinions” (Including a New Revelation About Bush v. Gore)

October 8, 2025, 7:45 amBush v. Gore reflections, Supreme CourtRick Hasen

Adam Liptak interviews Justice Kennedy: As a justice, he leaned mostly right, siding with the court’s conservatives to strike down campaign finance laws, to gut the Voting Rights Act and to expand the scope of the Second Amendment.… Continue reading

“Republicans could draw 19 more House seats after an upcoming Supreme Court ruling”

October 8, 2025, 7:36 amredistricting, Voting Rights ActRick Hasen

Politico: Democratic voting rights groups are preparing for a nightmare scenario if the Supreme Court guts a key part of the landmark civil rights-era legislation, the Voting Rights Act — a very real possibility this term. Ahead of the… Continue reading

October 16 Safeguarding Democracy Project Webinar: “Redistricting and Re-Redistricting Controversies and the 2026 Election”

October 8, 2025, 7:22 amredistricting, Supreme CourtRick Hasen

Thursday, October 16 Redistricting and Re-Redistricting Controversies and the 2026 Elections (webinar) 12:15pm-1:15pm PTRegister here.Guy-Uriel Charles, Harvard Law School, Moon Duchin, Director, Data and Democracy Research Initiative, University of Chicago, Michael Li, NYU Law Brennan Center for Justice, and … Continue reading

NYU’s Democracy Project: Jonathan Mitchell on “Judicial Supremacy and American Democracy”

October 8, 2025, 5:28 amUncategorizedRichard Pildes

As part of our focus this week on the Court and constitutional law, we are publishing today this essay from Jonathan Mitchell. Readers might be surprised at how much his critique of “judicial supremacy” from the right sounds very much… Continue reading

“Emergency Relief Sought to Protect Upcoming Elections From Trump-Vance Administration Plot to Facilitate Illegal and Inaccurate Voter Roll Purge”

October 7, 2025, 3:58 pmvoter registrationRick Hasen

LWV release: With elections rapidly approaching in locations around the nation, the League of Women Voters, along with three individual plaintiffs, asked a court for emergency relief in a class action lawsuit that seeks to stop the Trump-Vance administration’s unlawful… Continue reading

“The Supreme Court Is Being Tested on History Once Again”

October 7, 2025, 3:56 pmSupreme Court, Voting Rights ActRick Hasen

David Gans for Slate: In the two decades John Roberts has served as chief justice, the Supreme Court he presides over has repeatedly decimated the Voting Rights Act, striking a series of savage blows to the law long hailed… Continue reading

“Inside the Clunky Elections to Control Pennsylvania’s Supreme Court”

October 7, 2025, 3:54 pmjudicial electionsRick Hasen

Bolts: In a sense, the GOP’s mission is straightforward: If voters remove Donohue, Dougherty, and Wecht, the current 5-2 Democratic majority would fall to a 2-2 tie. Republicans would then have a shot at winning an outright majority in… Continue reading

Constitution Day Program

October 7, 2025, 11:24 amUncategorizedRichard Pildes

I’m pleased that this evening I’ll be participating with Akhil Amar, David Rabban, and my colleague Burt Neuborne on an event put on by the NY County Lawyers Association. We’ll be discussing issues of presidential powers, birthright citizenship, the First… Continue reading

Must-Watch Safeguarding Democracy Project Webinar Today: Nate Persily on Lessons from 2024 on the Risks to the 2026 Elections

October 7, 2025, 7:47 amelection subversion riskRick Hasen

You can register to watch here. Nate will be in person at UCLA and I’ll be moderating the event with a live audience.

“Amid ongoing investigation into found ballots, Sec. Bellows underscores Maine election security”

October 7, 2025, 7:40 amchicanery, election administrationRick Hasen

Maine Morning Star: Maine Secretary of State Shenna Bellows is confident law enforcement will ultimately uncover why 250 official ballots were allegedly delivered to a Newburgh home in an Amazon package. She also said the incident underscored that Maine’s processes… Continue reading

“State supreme court battles move to Pennsylvania, where 3 Democratic justices hope to keep seats”

October 7, 2025, 7:34 amjudicial electionsRick Hasen

AP: There are no $1 million giveaways to voters, cheesehead hats or even candidate debates. Elon Musk is nowhere to be found. Yet the stakes in the Pennsylvania election this fall are very much the same as they were in… Continue reading

Common Cause Files 54 Complaints Against the Trump Administration for Ethics Violations

October 7, 2025, 7:33 amethics investigationsRick Hasen

Release via email: Common Cause, a national, nonpartisan government watchdog, filed 54 separate complaints against the Trump Administration for violating the Hatch Act, the Anti-Deficiency Act, and the Anti-Lobbying Act—a volume of filings that underscores the breakdown of federal ethics… Continue reading

“Legislature passes new map in Utah, creating 2 more competitive seats”

October 7, 2025, 7:32 amredistrictingRick Hasen

Politico: Utah lawmakers passed a new congressional map on Monday that presents Democrats with two new pickup opportunities in the red state, a potential win for the party as it tries to respond to Republican-backed redistricting efforts nationwide. The map… Continue reading

The Supreme Court: Standing in Election Cases

October 7, 2025, 5:54 amUncategorizedRichard Pildes

Tomorrow, the Supreme Court will hear argument in Bost v. Illinois State Board of Elections, an important case on who has standing, and in what circumstances, to bring prospective challenges to election laws in advance of the election. I’ve published… Continue reading

Election Law Blog

The law of politics and the politics of law