“John Roberts’ Big Complaint About Elena Kagan Is Deeply Ironic”
I have written this piece at Slate. It begins:
At the end of his majority opinion for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading
“Q&A: Is the independent state legislature theory dead? Not quite, expert says”
Westlaw Today:
Election law expert Richard L. Hasen says the U.S. Supreme Court has adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases.
Hasen,… Continue reading
Lithwick & Stern: The Supreme Court’s Term Was Not a Win for Moderation
Essential Dahlia Lithwick and Mark Joseph Stern:
As the Supreme Court term crashed to a close last week, in a string of stinging defeats to progressives, a familiar narrative began shaping up in the public discourse: The court… Continue reading
“Our two-party political system isn’t working. The fix? More parties.”
Lee Drutman WaPo oped (adapted from his new report, “More Parties, Better Parties: The Case for Pro-Parties Democracy Reform.”)
It’s presidential campaign season, so pick your panic: The No Labels organization threatens to run a centrist such as… Continue reading
“Federal Judge Limits Biden Officials’ Contacts With Social Media Sites”
NYT:
A federal judge in Louisiana on Tuesday restricted the Biden administration from communicating with social media platforms about broad swaths of content online, a ruling that could curtail efforts to combat false and misleading narratives about the coronavirus pandemic… Continue reading
“Voting rights advocates cheer unexpected Supreme Court election law wins”
I missed linking to this WaPo piece last week:
A Supreme Court term that began with dread among voting rights advocates that the justices could upend the rules governing elections is ending with relief and surprise that they have opted… Continue reading
“How the far right tore apart one of the best tools to fight voter fraud”
Miles Parks for NPR.
Federal District Court Issues Preliminary Injunction Against Two Aspects of New Florida Voter Registration Law; Expect 11th Circuit Appeal
You may find the 58-page opinion of Judge Mark Walker at this link. From the introduction:
This case arises from Florida’s latest assault on the right to vote. Plaintiffs move to preliminarily enjoin two amendments to section 97.0575, Florida Statutes.… Continue reading
Did Moore v. Harper complicate the National Popular Vote Compact?
Consider this language from the Illinois Constitution:
Every United States citizen who has attained the age of 18 or any other voting age required by the United States for voting in State elections and who has been a permanent… Continue reading
Litman: “Anti-Novelty, the Independent State Legislature Theory in Moore v. Harper, and Protecting State Voting Rights”
As soon as I read Justice Kavanaugh’s concurring opinion in Moore v. Harper, I thought of Leah Litman‘s scholarship on novelty and how Kavanaugh’s proposed rule, if it becomes law, would deter the growth of state constitutional law protecting… Continue reading
“The Democratic Party promised to overhaul its primaries. Doing that has been anything but simple”
AP:
New Hampshire is in open rebellion. Georgia is all but out.
South Carolina and Nevada are on board but face stiff Republican pushback. Michigan’s compliance may mean having to cut the state legislative session short, despite Democrats controlling both… Continue reading
“A Mysteriously Financed Group That Could Upend a Biden-Trump Rematch”
Julie Bykowicz for WSJ:
The 13-year-old nonprofit group, which has a $70 million budget, has qualified for the ballot in Arizona, Alaska, Colorado, Oregon and Utah and is pursuing access elsewhere. Arizona Democrats are suing to kick No Labels off the… Continue reading
“The self-inflicted voting machine misinformation crisis looming over 2024”
Politico:
The federal government is about to change its certification guidelines for voting machines — and election officials across the country are bracing for a wave of misinformation that erodes trust in the 2024 election.
Election officials are not-so-quietly freaking… Continue reading