Rick Pildes wrote this piece for Slate on how plaintiffs may harness new redistricting technology to bring more successful Section 2 claims after Milligan:
This new technology makes it possible to find VRA districts that might have been hard to… Continue reading
I have written this piece for the NY Times. It begins:
The Supreme Court’s voting rights ruling on Thursday in Allen v. Milligan is as shocking as it is welcome. The Voting Rights Act has lived to see another day,… Continue reading
Here are some early thoughts on today’s historic and unexpected decision in Milligan:
1. The Roberts Court Did This? Before today, the Roberts Court had only chipped away at racial vote dilution claims under Section 2. In LULAC, the Court… Continue reading
There is no doubt that the opinion and outcome in Milligan is both unexpected and quite remarkable. But what makes Milligan remarkable for me is its utter conventionality. By and large, Milligan is a fairly straightforward application of precedent, doctrine,… Continue reading
I agree that it is a big day for voting rights advocates. This language of Justice Kavanaugh, however, concerns me. . . “JUSTICE THOMAS notes, however, that even if Congress in 1982 could constitutionally authorize race-based redistricting under §2 for… Continue reading
I agree with Nick that today’s decision in Allen v. Milligan was stunning. I don’t want to give the Supreme Court too much credit, for reasons that Melissa Murray identify here, but I had prepared myself for the worst… Continue reading
There will be a temptation to see this decision as an affirmation of the status quo. But in a subtle way, I think the decision does more than that. New technology, as in this case, now enables plaintiffs to search… Continue reading
There will surely be more to discuss, but I wanted to flag these parallels in Chef Justice Roberts’ opinions.
First, from Shelby County v. Holder (2013):
Second, from Allen v. Milligan (2023):
Here’s the Court’s decision by Chief Justice Roberts. More analysis later, but this is an absolutely stunning development. I would never have expected this Court to rule fully in favor of the plaintiffs in a Section 2 racial vote dilution… Continue reading
Nick posted about a piece in the Election Law Journal on the topic of potential religious-based gerrymandering claims. I wanted to flag an essay a student of mine wrote on the same subject in the NYU Law Review. That piece… Continue reading
New York’s legislature is considering moving most local elections to November of even-numbered years. This is one of the most impactful electoral reforms that states can adopt. If New York goes ahead with it, it would join Arizona, California, and… Continue reading
Jacqueline Rosen has posted this Election Law Journal article. Abstract below:
Recently, the Supreme Court significantly limited review of partisan gerrymandering claims, closing the door to a substantial portion of redistricting challenges. However, religious-based redistricting is an overlooked area… Continue reading
WaPo on House Republicans’ interest in scholars who study disinformation (with the apparent aim of suppressing this academic work, not disinformation):
Republican House Judiciary Chairman Jim Jordan and his allies in Congress are demanding documents from and meetings with leading… Continue reading
The Connecticut Legislature has passed a state-level voting rights act. Connecticut now joins California, New York, Oregon, Virginia, and Washington in offering protections against racial discrimination in voting beyond those provided by the federal Voting Rights Act. For more on… Continue reading