“The Court’s Liberals Are Trying to Tell Americans Something”

July 18, 2025, 5:36 amauthoritarian threats in US, Supreme CourtDan Tokaji

Aziz Huq in The Atlantic: In recent Supreme Court terms, Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson have issued defiant dissents that push back against a seemingly endless cascade of conservative opinions. The three tend to take… Continue reading

“The Supreme Court Is Writing a Slow-Motion Eulogy for One of America’s Greatest Achievements”

July 18, 2025, 5:27 amVoting Rights ActDan Tokaji

Maureen Edobor in Slate: Next month marks the 60th anniversary of the passing of the Voting Rights Act—a law often celebrated as the “crown jewel” of the Civil Rights Movement. Signed in 1965 after years of organizing and unimaginable sacrifice,… Continue reading

“Ohio must draw a new congressional map. Republicans hold all the cards”

July 18, 2025, 5:17 amredistrictingDan Tokaji

Cincinnati Enquirer: “Republicans control every aspect of the redistricting process in Ohio. They have a supermajority in the Ohio Legislature, which gets the first opportunity to draw a new congressional map. They hold five of the seven seats on… Continue reading

“Crypto Industry Reaches Milestone With Passage of First Major Bill”

July 18, 2025, 5:12 amcampaign finance, legislation and legislatures, lobbyingDan Tokaji

NYT: “The big bipartisan votes on the legislation reflected the industry’s success in cultivating powerful allies in government. Crypto firms financed a network of super PACs that spent more than $130 million backing pro-crypto candidates in the 2024 election.”

Edsall: Trump Is Winning

July 18, 2025, 5:08 amauthoritarian threats in USDan Tokaji

The incomparable Thomas Edsall in NYT: Capitalizing on Democrats’ weakness, President Trump is winning his battle to undermine democracy in this country. But he has not won the war…. The brutality of Trump’s anti-democratic policies is part of a… Continue reading

The Impoundment Act, Polarization, Bipartisanship, and the Budget

July 17, 2025, 3:52 pmUncategorizedRichard Pildes

The Impoundment Act of 1974 was passed with strong bipartisan support in the pre-polarization era. It was designed to reassert congressional control over the budget, while ac acknowledging there might be circumstances in which Presidents had good reasons not to… Continue reading

FL Supreme Court Upholds Congressional Districts

July 17, 2025, 12:12 pmredistrictingDan Tokaji

PBS reports on the decision rejecting a challenge to the DeSantis-backed plan, which eliminated a majority-Black district in northern Florida. Here’s the opening paragraph of today’s majority opinion in Black Voters Matter Capacity Building Institute v. Secretary, Florida Department of… Continue reading

UK Plans to Lower Voting Age to 16

July 17, 2025, 12:01 pmcomparative election lawDan Tokaji

NYT: “The British government said on Thursday that it would allow 16- and 17-year-olds to vote, in what it called a landmark moment for democracy and some of its opponents decried as an attempt to tilt the electoral playing… Continue reading

“U.S. to Curtail Practice of Assessing Fairness of Foreign Elections”

July 17, 2025, 11:57 amcomparative election law, election subversion riskDan Tokaji

WSJ: “he State Department is placing strict limits on its public assessments of foreign elections, according to an internal State Department directive, a sharp shift away from a practice the U.S. has used for decades to promote fair elections… Continue reading

Kang, “Party Campaign Finance from FECA to Modern Hyperpartisanship”

July 17, 2025, 11:52 amcampaign finance, political parties, political polarizationDan Tokaji

Michael Kang’s latest, forthcoming in Fifty Years of Buckley v. Valeo (Lee Bollinger & Geoffrey Stone eds., 2025). The abstract: Political parties grew from seeming irrelevance in campaign finance at the time of the Federal Election Campaign Act amendments… Continue reading

Watch Archived Video of UCLA Hammer/Safeguarding Democracy Project Supreme Court Term in Review Event with Cary Franklin, Jennifer Chacon, Justin Levitt, and Eugene Volokh (with Hasen Moderating)

July 17, 2025, 11:38 amSupreme CourtRick Hasen

You can watch on Youtube. A fascinating and deep discussion:

“Supreme Court Keeps Ruling in Trump’s Favor, but Doesn’t Say Why”

July 17, 2025, 8:54 amSupreme CourtDan Tokaji

NYT on the shadow docket, of which election law cases — especially those involving the Purcell doctrine — have been prominent components over the years. The article begins: “In clearing the way for President Trump’s efforts to transform American… Continue reading

Tokaji, “Racist Voting”

July 17, 2025, 7:45 amredistricting, Voting Rights ActDan Tokaji

My latest article, recently published in the Alabama Law Review. Here’s the abstract: Does the Constitution protect individual voters’ freedom to cast their votes for racially discriminatory reasons? Or does it prohibit racist voting that denies a minority… Continue reading

“Wyoming Is Now Requiring Would-be Voters to Document Their Citizenship”

July 17, 2025, 5:57 amfraudulent fraud squad, voter idDan Tokaji

Bolts: Wyoming became the second state to require that all would-be voters provide physical documentation of their citizenship to vote in any election, as conservatives step up their nationwide push for policies to bar noncitizens from voter rolls… Opponents… Continue reading