“It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear”
I have written this piece for Slate on today’s cert grant in Moore v. Harper.
Breaking and Analysis: Supreme Court Will Hear Moore v. Harper, the Independent State Legislature Theory Case from North Carolina; This Case Could Severely Curtail the Ability of State Courts to Protect Voting Rights and Stop Partisan Gerrymandering
The Supreme Court today just agreed to hear Moore v. Harper, an “independent state legislature” theory case from North Carolina. This case has the potential to fundamentally rework the relationship between state legislatures and state courts in protecting voting rights… Continue reading
Analysis: Supreme Court in EPA Case, Like the OSHA Case Earlier This Term, Shows The Court is Not Really “Textualists” and Applies Statutory Canons Reflecting Its Values
Dissenting today in West Virginia v. EPA, Justice Kagan writes: “Some years ago, I remarked that “[w]e’re all textualists now.” Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes… Continue reading
Florida Republicans turn school elections into new political battlegrounds
From Politico:
Florida Republicans are capitalizing on the national movement surrounding parental rights and education by jumping into local school board races with crucial endorsements and much-needed cash.
Dozens of political committees with ties to Florida conservatives are funneling… Continue reading
The Supreme Court has chipped away at the Voting Rights Act for 9 years. This case could be the next blow.
From Politico:
The Voting Rights Act of 1965 has been slowly whittled away over the last decade by the Supreme Court — and a case set to be heard in the fall could shrink the protections offered by the… Continue reading
Wisconsin Court Allows Republican to Stay on State Board After Term Ends
From the NYTimes:
The Wisconsin Supreme Court on Wednesday effectively handed the Republican-controlled State Senate broad authority over the composition of state boards and commissions, three and a half years into the term of a Democratic governor whose duties… Continue reading
Ex-Giuliani Associate Is Sentenced to Prison in Campaign Finance Scheme
From the NYTimes:
When Lev Parnas was arrested in 2019, he was known mainly as a minor presence in Republican political circles: someone who traded on connections with allies of Donald J. Trump, including the president’s personal lawyer, Rudolph… Continue reading
Missouri enacts new voter rules, including a photo ID requirement, and nixes presidential primaries for caucuses
From the NYTimes:
Missouri overhauled its election rules on Wednesday, enacting a voter identification law similar to one the state’s highest court blocked two years ago and doing away with its presidential primary in favor of a caucus system.
New York: More Like Alabama Than SanFrancisco?
From Jerry Goldfeder at the New York Law Journal (membership required):
New Yorkers are about to vote from state Assembly districts that have been heldunconstitutional. After months of redistricting litigation throughout the country and here in ourstate as well, how… Continue reading
Elections investigation focuses on alleged breach in South Georgia
The following story is (behind a paywall) at the Atlanta Journal-Constitution:
Subpoenas sent this month are seeking evidence of whether election conspiracy theorists gained unauthorized access to Georgia voting equipment and copied sensitive files in Coffee County after the… Continue reading
ELB Book Corner: George Thomas: “The Inescapability of Constitutional Judgment”
I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the final of three posts:
In the first post I pointed out that unwritten understandings play a central role in… Continue reading
A Risky Tactic: Democrats Supporting Extremist Republican Candidates to Enhance November Prospects
A Politico article by Stephen Shepard highlights efforts by Democrats in several primary races to influence the outcome of Republican primaries to boost far right candidates that they believe will be easier to beat in November:
Tuesday’s races feature four… Continue reading
Illegal Attempts to Access Voting Machines Didn’t Stop with Jan. 6 Insurrection
From the Brennan Center:
While the January 6 committee has rightly focused on the criminal conspiracy to overturn the 2020 election, it is critical to remember that this threat is ongoing, and many of the people implicated continue to… Continue reading
Election deniers in Colorado rejected in favor of more moderate Republicans
WashPo:
Republican primary voters in Colorado on Tuesday rejected three hard-line election deniers in statewide contests in favor of more moderate opponents — including a U.S. Senate contender who supports some abortion rights.
The rebuke of the far-right hopefuls… Continue reading