The American Political Science Review published this generative article by Professors Nicholas Eubank and Adriane Fresh.  The abstract reads: “The 1965 Voting Rights Act (VRA) fundamentally changed the distribution of electoral power in the US South.  We examine the consequences… Continue reading

I have been invited to testify today to this committee at a hearing on the independent state legislature theory. My written testimony, available here, first explains that there are several different versions of what an “independent state legislature doctrine” might… Continue reading

This case study explores the effects of COVID-19 on the 2020 presidential election.  It specifically analyzes the actions taken to offer open and safe participation.  And it examines campaigns to overturn legally cast and counted ballots and “the degree they… Continue reading

The Ohio State Law Journal Online is publishing a short piece by Professor Mark Brown.  The abstract is below: “During the gubernatorial election in 2018, Ohio’s Democratic (Cordray) and Republican (DeWine) candidates squared off in a series of televised debates… Continue reading

This Teen Vogue op-ed explains why the Act is needed.  It traces the history of the Twenty-Sixth Amendment and contends that its promise remains unfulfilled.  Senator Elizabeth Warren (D-MA) and Representative Nikema Williams (D-GA) introduced the YVRA this month. “The… Continue reading

This POLITICO article argues that Section 2 of the Fourteenth Amendment offers a way to penalize states that deny “or in any way abridge[]” the right to vote.  The federal government has never enforced this penalty clause.  If it did,… Continue reading

This Washington Post article broke the news that the Justice Department is investigating former President Donald Trump’s actions in planning to overturn the 2020 election as part of its criminal probe.  Prosecutors questioning witnesses before a grand jury have inquired… Continue reading

The Atlanta Journal-Constitution reports that Republican vigilante voters are asking local election boards to cancel thousands of voter registrations.  They rely on a law passed after the 2020 election.  It permits any voter to challenge the eligibility of other Georgia… Continue reading

This New York Times article discusses previously unrevealed communications among Trump campaign aides and outside associates about fake electors.  They emphasized creating a list of people to claim to be electors in battleground states Trump had lost. “In emails reviewed by The… Continue reading

Professor Curtis Bradley and Professor Eric Posner have written a thought-provoking empirical paper on how the political question doctrine has operated in the lower courts since Baker: “There have long been debates about the nature, scope, and legitimacy of the political… Continue reading

This Politico piece notes that key members of the House Select Committee on the January 6 Attack are “unimpressed” by the proposed bipartisan ECRA bill: “Rep. Jamie Raskin (D-Md.) called the Senate effort ‘fine and necessary, but not remotely sufficient to meet… Continue reading

This ProPublica investigation tells the story of ten Florida men convicted of felonies and charged with voter fraud.  In 2018, Florida voters passed Amendment 4.  It restored the voting rights of most state residents with felony convictions.  A later law enacted by… Continue reading

Scott Bauer’s Associated Press article addresses whether decertification of the 2020 election is possible.  Recently, the Wisconsin Supreme Court ruled that absentee drop boxes are illegal.  Former President Trump and his allies argue that this 4-3 decision renders any ballots cast… Continue reading

The Milwaukee Journal Sentinel covers a lawsuit seeking to overturn a Wisconsin Supreme Court decision banning some forms of ballot-return assistance.  The four voters bringing suit have severely limited mobility.  They contend that the decision violated their rights under the… Continue reading