State of Louisiana, in Motion for Divided Argument for the Supreme Court “Vehemently” Takes the Position that the Creation of a Race-Conscious District as Required by the Voting Rights Act is Unconstitutional
The mask is truly off.
Federal District Court Holds Unconstitutional South Dakota Law Moving Filing Deadline for Initiatives from 6 Months Before Election to 9 Months
Here’s the opinion in Dakotans for Health v. Johnson.
“Already Pardoned by Trump, Jan. 6 Rioters Push for Compensation”
Bizarro World continues:
The rioters who attacked the Capitol on Jan. 6, 2021, secured a shocking double victory this year.
President Trump granted them clemency for their crimes on his first day back in the White House, and in the… Continue reading
“Election Law for the New Electorate”
My article on ongoing shifts in voter behavior and what they mean for election law is now out in the Journal of Legal Analysis. Here’s the abstract:
The American electorate is transforming—undergoing its most sweeping changes in half a… Continue reading
California Legislature Moves to Allow Gig Workers to Engage in Collective Bargaining After California Appellate Court Accepted the Argument in Our Amicus Brief in the Prop. 22 Case That Prop. 22 Could Not Bar Legislature from Doing So
This is gratifying. Back in 2022, I filed an amicus brief in the California Court of Appeal with Professors Joey Fishkin and Franita Tolson, along with co-counsel Kathryn Eidmann and Mark Rosenbaum of Public Counsel. We did not take a… Continue reading
“Redistricting Push Creates Chaos for Incumbents in Both Parties”
NYT:
When President Trump set out to force a gerrymander in Texas that would help Republicans keep control of the closely divided House, he argued it was a simple matter of fairness.
“We are entitled to five more seats,” the… Continue reading
“Trump Says He Will Sign Executive Order Mandating Voter I.D.” (And No, He Doesn’t Have the Power to Mandate Voter ID)
NYT:
President Trump said late Saturday that he would issue an executive order to require voter identification for all U.S. elections, a continuation of his efforts to overhaul the nation’s election laws, which he has long attacked and falsely blamed… Continue reading
“If Redistricting Goes as Expected, Which Party Will Come Out Ahead?”
Nate Cohn for the NYT:
The next phase of the redistricting war is starting to come into focus.
Indiana, Missouri, Ohio and perhaps Florida — all Republican-controlled states — seem likely to join Texas and California in attempting to redraw… Continue reading
I Spoke with Dahlia Lithwick for Slate Amicus Podcast on the Risks to the Voting Rights Act at the Supreme Court and the Emerging Redistricting Wars
Slate Plus listeners can find the podcast here.
Federal Court in Kohls v. Bonta, in Striking Down California Deep Fake Law on First Amendment Grounds, Sees Constitutional Path for More Narrowly Tailored Laws Aimed at False Statements About When, Where, and How People Vote
Via Eugene Volokh (who is cited in the court’s opinion), here’s a snippet from Kohls v. Bonta:
AB 2839 regulates a broad spectrum of election-related content that is “materially deceptive” and permits any recipient of this content to sue… Continue reading
“Millions of dollars in special-election redistricting TV ads scheduled to start airing Tuesday”
LA Times:
Millions of dollars worth of political TV ads are expected to start airing Tuesday in an effort to sway Californians on a November ballot measure seeking to send more Democrats to Congress and counter President Trump and the… Continue reading
“Do Incumbents Still Enjoy a Financial Advantage? How Individuals Ceased to Advantage Incumbents While Corporate America Continues to Favor Them”
This is an important new study from Andrew C. W. Myers, Maria Silfa, Alexander Fouirnaies, and Andrew B. Hall.
The paper also illustrates, though it doesn’t emphasize, the role that the rise of donations from individuals — including especially small… Continue reading
Missouri: “Kehoe calls lawmakers to redraw congressional map, make it harder to amend constitution”
St. Louis Post Dispatch:
After weeks of internal talks and a pressure campaign by President Donald Trump, Missouri Gov. Mike Kehoe on Friday called lawmakers into a special session beginning next week to redraw the state’s congressional maps.
With a… Continue reading
“Lawsuit challenges new proof of citizenship requirement at Ohio BMV for voter registration”
Ohio Journal:
The women’s political organization Red Wine and Blue has sued Ohio Secretary of State Frank LaRose over changes to the voter registration process at the Bureau of Motor Vehicles.
Thanks to the federal “motor voter” law, car… Continue reading