Election as a Distinct Sphere Under the First Amendment

June 27, 2025, 12:48 pmUncategorizedRichard Pildes

The Balkinization blog is running a symposium, based on an earlier in-person conference, on “Free Speech in Crisis and the Limits of the First Amendment“. My contribution is an excerpt from an essay I published in a book… Continue reading

Supreme Court sets Louisiana congressional case for reargument

June 27, 2025, 8:57 amelection law and constitutional law, redistricting, Supreme Court, Voting Rights ActJustin Levitt

Well, that was unexpected. As mentioned a moment ago, the Court today punted on the Louisiana congressional case, Louisiana v. Callais, setting it for reargument next Term. The order says that the Court will “issue an order scheduling argument… Continue reading

Supreme Court punts on Louisiana congressional map

June 27, 2025, 8:20 amredistricting, Voting Rights ActJustin Levitt

The Court won’t be issuing an opinion today on Louisiana’s congressional map after all. Instead, they’ll re-hear argument next term. More analysis coming momentarily.

SCOTUS opinion on Louisiana redistricting coming

June 27, 2025, 7:59 amredistrictingJustin Levitt

But given the time they spent on the birthright citizenship case, it’s not going to be out by the time the digest version of the blog hits your inbox. I’ll have it here as soon as it’s available.

The Court Recognizes that Universal Relief is Required in At Least Some Election-Law Contexts

June 27, 2025, 7:57 amUncategorizedRichard Pildes

In response to this recent post from Justin, I would just briefly flag note 12 in the majority opinion: “There may be other injuries for which it is all but impossible for courts to craft relief that is complete and… Continue reading

Supreme Court pushes back on universal injunctions

June 27, 2025, 7:39 amSupreme CourtJustin Levitt

In the birthright citizenship cases, the Supreme Court today issued a 32-page 6-3 opinion that didn’t touch the merits (and produced 21 pages of concurrences and 65 pages of dissents). But the procedural issue it did decide may end up… Continue reading

More evidence of the Trump mobilization of lower-frequency voters

June 26, 2025, 10:30 pmelection administration, political parties, The Voting Warsvoter turnoutJustin Levitt

The NYT headline is “If Everyone Had Voted, Harris Still Would Have Lost.” Which, of course, is impossible to know, unless you assume that demographics is inevitably destiny. But the broader point of the outcome of this new Pew study… Continue reading

“A.I. Is Starting to Wear Down Democracy”

June 26, 2025, 10:28 pmcampaigns, cheap speechArtificial Intelligence, Election Interference, international electionsJustin Levitt

That’s the headline in the NYT, and the second exaggerated NYT headline I’ve flagged today. I don’t know that the article actually delivers what the headline promises (and headlines are usually not, as I understand it, written by the… Continue reading

“Lawyer Who Pushed Bogus Trump Elector Scheme Is Disbarred in New York”

June 26, 2025, 10:26 pmchicanerydemocratic backsliding, January 6, The Big LieJustin Levitt

The NYT gets this headline right. Based on his part in the scheme for fake electors to submit fraudulent returns in 2020 — one of the few schemes NOT involving a municipal election — Kenneth Chesebro is no longer… Continue reading

“Delaware County borough official sentenced for attempt to steal mayoral election”

June 26, 2025, 10:25 pmchicaneryelection fraud, local electionsJustin Levitt

The Pennsylvania Capital-Star covers the sentence, delivered to the final co-conspirator of a scheme to submit fraudulent write-in votes in a 2021 municipal election. (These sorts of schemes are rare, but when they do occur, they’re almost always in local… Continue reading

“Maricopa County Recorder’s Office mails incorrect letters to 83,000 voters”

June 26, 2025, 10:23 pmelection administration, voter registrationJustin Levitt

This, from Votebeat, is … not great: The Maricopa County Recorder’s Office mailed about 83,000 voters an incorrect letter warning them that they would be moved to the inactive voter list if they didn’t respond, a mistake the Recorder’s… Continue reading

“NC House bill would allow elections board workers to be replaced with political hires”

June 26, 2025, 10:22 pmelection administrationJustin Levitt

This, from NC Newsline, is also … not great: North Carolina House Republicans want more than a third of existing staff positions at the state elections office to be converted to jobs for political appointees, eliciting criticism about the… Continue reading

“Miami approves delay of election to 2026, setting up legal battle with state”

June 26, 2025, 10:21 pmelection administrationelection timing, local elections, voter turnoutJustin Levitt

Florida Politics reports on the Miami commissioners’ vote — against stern advice from the Florida Attorney General — to postpone city elections from 2025 to 2026. The move moves the elections to a higher-turnout occasion, but also prolongs existing officers’… Continue reading

“Justice Department sues Orange County registrar for access to noncitizen voting records”

June 25, 2025, 10:08 pmDepartment of Justice, NVRA (motor voter), voter registrationJustin Levitt

The L.A. Times and O.C. Register have coverage of the latest from the Civil Rights Division, in a very odd (but also comparatively low-impact?) lawsuit. The complaint is here. The fuss is apparently over 17 records of non-citizens removed… Continue reading