“Redistricting foes blast Hanaway for trying to stop referendum on Missouri map”

October 16, 2025, 5:22 pmredistrictingindependent state legislature theoryTravis Crum

Missouri seeks to revive the independent state legislature theory, this time its by insisting that there’s a clear-statement rule. I may have more to say about this case in the near future. In the meantime, you can find the complaint… Continue reading

Watch My Hammer Museum Interview with Professor Leah Litman About Her New Supreme Court Book, “Lawless”

October 16, 2025, 3:42 pmSupreme CourtRick Hasen

You can watch here.

The State Interest Solution

October 16, 2025, 12:00 pmUncategorizedNicholas Stephanopoulos

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)

October 16, 2025, 10:30 amSupreme Court, Voting Rights ActRick Hasen

Watch here.

“The Supreme Court Case That Could Hand the House to Republicans”

October 16, 2025, 8:03 amUncategorizedRedistricting; Louisiana, Voting Rights ActSpencer Overton

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

October 16, 2025, 7:58 amUncategorizedVoting Rights ActSpencer Overton

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

October 16, 2025, 7:53 amUncategorizedRedistricting; Louisiana, Voting Rights Act; Section 2Spencer Overton

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”

October 16, 2025, 7:51 amUncategorizedredistricting, Voting Rights Act; Section 2Spencer Overton

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”

October 16, 2025, 7:50 amUncategorizedSpencer Overton

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.”

October 16, 2025, 7:49 amUncategorizedcampaign finance reportingSpencer Overton

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”

October 16, 2025, 7:48 amUncategorizedCampaign financeSpencer Overton

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

October 16, 2025, 6:02 amUncategorizedRichard Pildes

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

October 16, 2025, 3:55 amSupreme CourtDerek Muller

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