“Ongoing Voting Rights Act Redistricting Litigation After SCOTUS Ruling in Allen v. Milligan”

July 5, 2023, 2:45 pmVoting Rights ActRick Hasen

Brennan Center: Proving a Section 2 case is by no means an easy task, especially, as the Milligan opinion noted, at the congressional and state legislative levels. But discrimination against voters of color persists across the country, in part… Continue reading

Vanna White Line-Item Veto Runs Amok in Wisconsin: “Tony Evers uses veto powers to extend annual increases for public schools for the next four centuries”

July 5, 2023, 2:43 pmlegislation and legislaturesRick Hasen

Amazing: Gov. Tony Evers, a former public school educator, used his broad partial veto authority this week to sign into law a new state budget that increases funding for public schools for the next four centuries. The surprise move… Continue reading

New Mexico Supreme Court Recognizes Partisan Gerrymandering Claim under State Constitution, Adopting the Standard in Justice Kagan’s Rucho Dissent

July 5, 2023, 2:31 pmredistrictingRick Hasen

Big! Seems like it could be a “novel” interpretation of the state’s law. Will Democrats argue that it “arrogates” the Legislature’s power under Moore v. Harper as applied to congressional elections?

“John Roberts’ Big Complaint About Elena Kagan Is Deeply Ironic”

July 5, 2023, 10:36 amlegislation and legislatures, Supreme CourtRick Hasen

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”

July 5, 2023, 7:53 amlegislation and legislatures, Supreme CourtRick Hasen

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

July 5, 2023, 7:40 amSupreme CourtRick Hasen

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.”

July 5, 2023, 7:31 ampolitical partiesRick Hasen

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

“Voting rights advocates cheer unexpected Supreme Court election law wins”

July 5, 2023, 7:25 amSupreme Court, The Voting WarsRick Hasen

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”

July 4, 2023, 9:25 amfraudulent fraud squad, voter registration, Voting Rights ActRick Hasen

Miles Parks for NPR.

Federal District Court Issues Preliminary Injunction Against Two Aspects of New Florida Voter Registration Law; Expect 11th Circuit Appeal

July 3, 2023, 3:15 pmelection administration, The Voting WarsRick Hasen

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?

July 3, 2023, 9:32 amelectoral collegeDerek Muller

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”

July 3, 2023, 7:42 amlegislation and legislatures, Supreme Court, votingRick Hasen

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”

July 3, 2023, 7:36 ampolitical parties, primariesRick Hasen

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