Earlier today, I attended the oral argument in Callais. My global takeaway is a bit more sanguine than Rick’s. When the case was set for re-argument, the new QP flagged Section 2’s constitutionality: whether it constitutes a compelling governmental… Continue reading
NY Times:
In a dispute over a Louisiana voting map, the conservative majority signaled it might prohibit using race as a factor in creating election districts. Resulting redistricting could let states cement Republican control of Congress….
Given all the discussion in today’s oral argument about the “congruence and proportionality” test under Boerne for assessing the scope of congressional enforcement power under the Fourteenth and Fifteenth Amendments (an issue I addressed in my first SCOTUSblog post on … Continue reading
As I explained back in August, the Supreme Court reached and and in the most opaque way on a late Friday afternoon in mid-summer, the Court turned a ho-hum racial gerrymandering case where the court had to determine whether race… Continue reading
This is a big week for voting rights oral arguments. Yesterday, before the New York Court of Appeals, I argued on behalf of the plaintiffs in Clarke v. Town of Newburgh, a challenge to the town’s at-large electoral system… Continue reading
I’m honored to be included in NYU Democracy Project’s “100 ideas in 100 days” series. Here’s my contribution. It makes a point about the need for high school civics education to include a component on the philosophy… Continue reading
NY Times:
Career prosecutors at the Justice Department do not believe criminal charges are warranted from an investigation seeking to discredit an earlier F.B.I. inquiry into Russia’s attempt to tilt the 2016 election in President Trump’s favor, according to… Continue reading
Tomorrow, the Supreme Court will hold a rare re-argument in Louisiana v. Callais on whether Section 2 of the VRA is unconstitutional as applied to redistricting. I’ve filed an amicus brief arguing that Shaw should be overturned—a point that my… Continue reading
Sparked by Nick Stephanopolous’s amicus brief, there’s been discussion on this blog about Section 2’s limits and how that might impact tomorrow’s re-argument in Callais. To help readers understand the import of this controversy with a real-world example, I… Continue reading
Associated Press:
RALEIGH, N.C. (AP) — North Carolina Republican legislative leaders announced plans Monday to vote next week on redrawing the state’s U.S. House district map, taking up President Donald Trump’s call to secure more GOP seats nationwide and… Continue reading
NYT:
…Election law experts, civil rights groups and politicians are watching Wednesday’s case closely because of the immediate, enormous impact it could have on local, state and federal districts….
“You’re going to essentially cast doubt on dozens of congressional… Continue reading