“Justice Kagan Urges Supreme Court to Explain Itself in Emergency Decisions”

July 25, 2025, 5:07 amSupreme CourtDan Tokaji

NYT: Justice Elena Kagan said Thursday that the Supreme Court was shortchanging the public and lower court judges by failing to explain its reasoning in rulings on cases that come before the court on an emergency basis, including challenges… Continue reading

“DeSantis floats mid-decade redistricting for Florida congressional seats”

July 25, 2025, 5:01 amredistrictingDan Tokaji

Politico: “Florida Gov. Ron DeSantis, fresh off a win at the state Supreme Court over a congressional map he pushed through three years ago, said Thursday the state should consider overhauling its districts between censuses. The GOP governor claimed… Continue reading

FairVote Analysis of RCV in NYC Mayoral Primary

July 24, 2025, 2:18 pmalternative voting systems, primariesDan Tokaji

By Rachel Hutchinson, Bryan Huang, and Deb Otis: New York City’s third election cycle with ranked choice voting (RCV) had the second-highest turnout in city primary history. Most voters reported that they found RCV simple and wanted to keep or… Continue reading

NY Gov. Kathy Hochul Open to Redrawing U.S. House Lines

July 24, 2025, 2:12 pmredistrictingDan Tokaji

Politico quotes her as saying this, in response to Republican redistricting efforts in Texas and Ohio: “All’s fair in love and war. We’re following the rules. We do redistricting every 10 years. . . . But if there’s other states… Continue reading

Crum: “The Curiously Minor Role of Minor v. Happersett”

July 24, 2025, 1:03 pm19th Amendment, election law and constitutional law, Supreme CourtTravis Crum

Along with my co-authors (Professor Susan Appleton and Hannah Keidan (WashU Law ’25)), I have posted this draft on SSRN. It is part of a symposium that will be published later this summer in the Washington University Law Review. It… Continue reading

Supreme Court Puts on Hold Eighth Circuit Order that Would Have Ended Private Enforcement of the Voting Rights Act in Seven States, But Three Justices Appear Ready to Kill Section 2 Nationally

July 24, 2025, 11:59 amSupreme Court, Voting Rights ActRick Hasen

Via Steve Vladeck comes this Supreme Court order, over the dissents of Justices Alito, Gorsuch, and Thomas, of the Eighth Circuit case raising the question whether private plaintiffs have the right to sue under Section 2 of the Voting… Continue reading

“As Redistricting War Looms, Republicans Have More Plausible Gerrymandering Targets than Democrats”

July 24, 2025, 11:35 amredistrictingDan Tokaji

Kyle Kondik’s analysis at Sabato’s Crystal Ball. Key points: — President Trump pushing Texas Republicans to squeeze more seats out of the Lone Star State has led to the possibility of other states on both sides trying to draw new… Continue reading

Trump’s False and Malicious Claims That Former President Obama Engaged in “Treason” in Connection with the 2016 and 2020 Elections Merits Mention Only on Page A17 of the NY Times and Is Barely a Blip Elsewhere

July 24, 2025, 11:27 amchicanery, election subversion riskRick Hasen

NYT: Displaying a willingness to weaponize the federal government in ways that were as novel as they were audacious, he took on a wide variety of individuals and institutions — from law firms and universities to journalists and federal bureaucrats… Continue reading

“Gabbard’s claims of an anti-Trump conspiracy are not supported by declassified documents”

July 24, 2025, 11:25 amelection subversion riskDan Tokaji

I’m sure this AP story will come as a real shocker to ELB readers.

Brennan & R Street: “A State Agenda for Election Security and Resistance”

July 24, 2025, 11:21 amelection administration, election subversion risk, voting technologyDan Tokaji

New report by Derek Tisler of Brennan Center & Chris McIsaac of R Street Institute: Election resiliency is about making sure that attacks and other disruptive incidents do not impede voters from casting ballots nor prevent election workers from counting… Continue reading

Small Donors Fuel the Left of the Democratic Party

July 24, 2025, 9:11 amUncategorizedRichard Pildes

This WSJ article confirms what I have been saying for a while now (see also here), that small donors tend to fuel the more ideological wings of the parties. That’s all the more true for out of state (or… Continue reading

“New Eric Adams ‘Donors’ Say They Never Gave to His Reelection Campaign”

July 24, 2025, 7:27 amcampaign financeDan Tokaji

The City reports: “Just weeks after the Trump administration pulled off the dismissal of corrupt fundraising charges against Mayor Eric Adams, it appears that his reelection campaign was at it again . . . . The Adams campaign in… Continue reading

“Michigan becomes latest target of Justice Department inquiry on voter roll maintenance”

July 24, 2025, 5:07 amDepartment of Justice, voter registrationDan Tokaji

Votebeat: The U.S. Justice Department is asking Michigan for a copy of its voter rolls and information about how the state maintains them, as well as a series of questions about its high levels of voter registration. In its … Continue reading

Rove on the Political Price of Conspiracy Theories

July 24, 2025, 4:59 amcheap speech, election subversion risk, fraudulent fraud squadDan Tokaji

Karl Rove in WSJ, connecting the ongoing Jeffrey Epstein drama to election-related conspiracy theories: Other conspiracies await action by the White House…. Team Trump could produce evidence that confirms the conspiracy advocates were right. They could reveal just how… Continue reading