“Fired prosecutor who handled Capitol riot cases sues government”

July 25, 2025, 10:21 amauthoritarian threats in US, Department of Justice, election subversion riskDan Tokaji

Washington Post: A prosecutor who handled some of the most high-profile cases against Jan. 6, 2021 rioters is suing the government over his dismissal last month, arguing that the decision was politically motivated. Former assistant U.S. attorney Michael Gordon… Continue reading

Texas Redistricting Hearing

July 25, 2025, 10:17 amredistrictingDan Tokaji

NYT and Texas Tribune report on yesterday’s hearing in Austin before a select committee of the Texas house on redrawing the state’s congressional districts. From the Texas Tribune story: The Legislature has not yet revealed any proposed revisions of… Continue reading

What’s Going on with the Re-Argument Order in the Louisiana Voting Rights Act Case?

July 25, 2025, 9:34 amUncategorizedRichard Pildes

It’s been nearly a month since the Court announced it would hear re-argument in this case and would issue a supplemental order with additional questions to be briefed. That’s a surprisingly long delay. The Court rarely orders cases to be… Continue reading

“Could Missouri get caught up in a redistricting frenzy? It’s looking likely”

July 25, 2025, 6:41 amredistrictingTravis Crum

STLPR reports: President Donald Trump wants Missouri to join in on a mid-decade redistricting extravaganza ahead of the midterm elections, according to a Missouri GOP congressman. But if Missouri Republicans do target Missouri’s Kansas City-based 5th District at the behest… Continue reading

Toobin: “The Line Trump Crossed by Accusing Obama of Treason”

July 25, 2025, 5:27 amDepartment of Justice, Supreme CourtDan Tokaji

Jeffrey Toobin in NYT on President Trump’s assertion that former President Obama engaged in “treason” in connection with the investigation into Russian efforts to influence the 2016 election: President Trump’s history of intemperate remarks has earned him a perverse kind… Continue reading

“Texas plan to redraw maps could protect GOP House majority”

July 25, 2025, 5:19 amredistrictingDan Tokaji

Washington Post: After the 2020 Census, Texas Republicans drew lines to protect incumbents instead of maximizing their chances of gaining more seats. In establishing new lines this year, they could give themselves opportunities in several districts. Under the current… Continue reading

“Justice Kagan Urges Supreme Court to Explain Itself in Emergency Decisions”

July 25, 2025, 5:07 amSupreme CourtDan Tokaji

NYT: Justice Elena Kagan said Thursday that the Supreme Court was shortchanging the public and lower court judges by failing to explain its reasoning in rulings on cases that come before the court on an emergency basis, including challenges… Continue reading

“DeSantis floats mid-decade redistricting for Florida congressional seats”

July 25, 2025, 5:01 amredistrictingDan Tokaji

Politico: “Florida Gov. Ron DeSantis, fresh off a win at the state Supreme Court over a congressional map he pushed through three years ago, said Thursday the state should consider overhauling its districts between censuses. The GOP governor claimed… Continue reading

FairVote Analysis of RCV in NYC Mayoral Primary

July 24, 2025, 2:18 pmalternative voting systems, primariesDan Tokaji

By Rachel Hutchinson, Bryan Huang, and Deb Otis: New York City’s third election cycle with ranked choice voting (RCV) had the second-highest turnout in city primary history. Most voters reported that they found RCV simple and wanted to keep or… Continue reading

NY Gov. Kathy Hochul Open to Redrawing U.S. House Lines

July 24, 2025, 2:12 pmredistrictingDan Tokaji

Politico quotes her as saying this, in response to Republican redistricting efforts in Texas and Ohio: “All’s fair in love and war. We’re following the rules. We do redistricting every 10 years. . . . But if there’s other states… Continue reading

Crum: “The Curiously Minor Role of Minor v. Happersett”

July 24, 2025, 1:03 pm19th Amendment, election law and constitutional law, Supreme CourtTravis Crum

Along with my co-authors (Professor Susan Appleton and Hannah Keidan (WashU Law ’25)), I have posted this draft on SSRN. It is part of a symposium that will be published later this summer in the Washington University Law Review. It… Continue reading

Supreme Court Puts on Hold Eighth Circuit Order that Would Have Ended Private Enforcement of the Voting Rights Act in Seven States, But Three Justices Appear Ready to Kill Section 2 Nationally

July 24, 2025, 11:59 amSupreme Court, Voting Rights ActRick Hasen

Via Steve Vladeck comes this Supreme Court order, over the dissents of Justices Alito, Gorsuch, and Thomas, of the Eighth Circuit case raising the question whether private plaintiffs have the right to sue under Section 2 of the Voting… Continue reading

“As Redistricting War Looms, Republicans Have More Plausible Gerrymandering Targets than Democrats”

July 24, 2025, 11:35 amredistrictingDan Tokaji

Kyle Kondik’s analysis at Sabato’s Crystal Ball. Key points: — President Trump pushing Texas Republicans to squeeze more seats out of the Lone Star State has led to the possibility of other states on both sides trying to draw new… Continue reading