If I’ve read this correctly, Brad Smith argues in the WSJ that Congress has no power to regulate campaigns, as opposed to regulating elections themselves: But the problem goes deeper than the need to define “corruption” and balance it against… Continue reading

Lots of procedural maneuvering going on in this case for now.

Because the government believes the relevant provision of the campaign-finance laws is unconstitutional, the Supreme Court has appointed Roman Martinez to argue in defense of the constitutionality of this provision. Roman, with whom I’ve been on panels, is the chair… Continue reading

Congratulations to Yale Law School Dean Heather Gerken on this new phase of her career. See this NYT story.

This is the first polling data I’ve seen on this. As reported in Politico Playbook. Full data from the survey is at this link. Note this survey was sponsored by Fair Vote and Common Cause NY, both of which support… Continue reading

Interesting analysis with data from Nataniel Rakich @baseballot on the limited risk incumbents face in primary elections, even when party voters are generally unhappy with their party. The Democratic Party’s current +55-point net favorability rating among its own members is… Continue reading

Congress designed the Federal Election Commission and the Election Assistance Commission to be “independent agencies” in various respects. See, e.g., S. Rep. No. 93689, at 16 (1974) (emphasizing that the 1974 FECA amendments aimed to “establish[] an independent [FEC] within… Continue reading

Trump’s motion to dismiss the case can be found here.

Congratulations (I think) to John. Story here.

This is an excerpt from Rick Hasen’s contribution to the Balkinization Symposium on  Free Speech in Crisis and the Limits of the First Amendment: The rise of the nine-figure donor raises two fundamental questions: Why is this happening now?… Continue reading

From NYT: As he looks back at the defeat of former Vice President Kamala Harris last fall, the thing that keeps bothering Andrei Cherny, a onetime Democratic speechwriter and state party leader, is that he didn’t know what Ms.… Continue reading

This is from a piece at The Bulwark on developments at the DNC: DEMOCRATIC LEADERS ARE CONFIDENT they can retake the House in the 2026 midterms. But that optimism is increasingly clouded by fear thata blitz of legal challenges from… Continue reading