“Racial Turnout Gap Grew in Jurisdictions Previously Covered by the Voting Rights Act”

August 23, 2021, 1:56 pmSupreme Court, Voting Rights ActRick Hasen

Brennan Center analysis: While in 2012, just before the Shelby County decision, the white-Black turnout gap was shrinking in the states we analyzed, and in many instances even briefly closed, this trend has reversed in the years since. In… Continue reading

Alabama: “After boos at Trump rally, Brooks vows to fight ‘Socialist Democrat voter fraud’”

August 22, 2021, 8:31 pmfraudulent fraud squadRick Hasen

AL.com: After getting booed at a Donald Trump rally for suggesting that supporters put the 2020 election behind them, U.S. Rep. Mo Brooks has made it a point to reassert claims that fraud robbed Trump of re-election.Trump drew an energetic… Continue reading

Observations about the JLVRAA

August 18, 2021, 7:52 amUncategorizedKunal Dixit and Nicholas Stephanopoulos

Thanks to Travis for his terrific summary of the John Lewis Voting Rights Advancement Act, which was finally introduced yesterday. A few observations about the bill: 1. Crossover districts: Instead of overriding Bartlett v. Strickland and allowing plaintiffs to win… Continue reading

Travis Crum: “Revising Sections 2 and 5 in the John Lewis Voting Rights Advancement Act of 2021”

August 17, 2021, 8:25 pmVoting Rights Act, VRAARick Hasen

The following is a very helpful guest post from Travis Crum: Following months of anticipation, Democrats in Congress unveiled the newest version of the John Lewis Voting Rights Advancement Act (VRAA). In this post, I’ll highlight major portions… Continue reading

Nick Stephanopoulos Speaks Out on Brnovich

July 19, 2021, 7:09 amSupreme Court, Voting Rights ActNed Foley

Calling it an “embarrassment” in this Q&A, Nick expresses views on the majority opinion in Brnovich that are much harsher than mine. Given the inherent ambiguity of section 2 as revised by Congress, and the genuine difficulty of applying… Continue reading

Senator Mike Lee Demanded That Sen. Padilla and I Apologize for Saying Justice Alito’s Brnovich Decision Goes Against Textualism and Is Not Faithful to the Voting Rights Act; I Doubled Down on the Claim

July 15, 2021, 4:22 pmSupreme Court, Voting Rights ActRick Hasen

This all happened at Wednesday’s Senate Judiciary Committee subcommittee hearing on voting rights after Brnovich and Shelby County. You can watch Senator Padilla ask me the initial question in the video at the 2:56:42 mark. Senator Lee’s rant, where he… Continue reading

“Biden’s Demagogic Voting Speech”

July 15, 2021, 4:45 amlegislation and legislatures, Voting Rights ActDan Tokaji

Rich Lowry of National Review, in Politico Magazine: The presumption that marginal changes in election laws measurably affect turnout, a key assumption of the Democratic case against GOP election bills, is simply erroneous. Voter ID laws haven’t suppressed turnout… Continue reading

Read My Testimony Before Senate Judiciary Subcommittee for Hearing on Voting Rights After Brnovich and Shelby County (and Link to Livestream of Hearing)

July 14, 2021, 10:51 amlegislation and legislatures, Voting Rights ActRick Hasen

You can find my testimony at this link. All of the testimony will be posted here, and you can use the same link to watch the hearing starting around 2:45 pm ET.

Senate Judiciary Committee Subcommittee Hearing: “Restoring the Voting Rights Act after Brnovich and Shelby County”

July 12, 2021, 2:41 pmUncategorizedRick Hasen

I’m looking forward to testifying at this hearing Wednesday: Restoring the Voting Rights Act after Brnovich and Shelby County Subcommittee on The Constitution DATE:Wednesday, July 14, 2021ADD TO MY CALENDARTIME:02:30 PMLOCATION:Dirksen Senate Office Building Room 226PRESIDING:Chair Blumenthal Check… Continue reading

J.D. Vance and the pressures of primaries

July 9, 2021, 7:20 ampolitical polarization, primaries, theoryranked choice votingNed Foley

In a remarkably candid TIME interview with Molly Ball after announcing his candidacy in Ohio’s 2022 U.S. Senate election, for the seat being vacated by Rob Portman, J.D. Vance acknowledged that he’s pandering to ex-president Trump because that’s the only… Continue reading

Judge Tatel and Shelby County

July 8, 2021, 11:57 amVoting Rights ActDan Tokaji

Today’s excellent WaPo story on Judge David Tatel has this background on his opinion for the D.C. Circuit in Shelby County v. Holder: In 2012, a significant case landed with Tatel and his colleagues over a central provision of the… Continue reading

“The Supreme Court’s Latest Voting Rights Opinion Is Even Worse Than It Seems”

July 8, 2021, 7:30 amSupreme Court, Voting Rights ActRick Hasen

I have written this piece for Slate. It begins: It’s been almost a week since the Supreme Court issued its most significant ruling on voting rights in nearly a decade, and each time I read Justice Samuel Alito’s majority opinion… Continue reading

Travis Crum: “Avoiding Avoidance in Brnovich”

July 1, 2021, 11:48 amSupreme Court, Voting Rights ActRick Hasen

The following is a guest post from Travis Crum: In today’s decision in Brnovich v. DNC, the Supreme Court established a new, more stringent discriminatory-effects test for vote-denial claims brought under Section 2 of the Voting Rights Act.… Continue reading

Breaking and Analysis: Supreme Court on 6-3 Vote Rejects Voting Rights Act Section 2 Case in Brnovich Case— A Significant Weakening of Section 2

July 1, 2021, 7:07 amUncategorizedRick Hasen

The Supreme Court, in a 6-3 decision, has severely weakened Section 2 of the Voting Rights Act as a tool to fight against laws that make it harder to register and vote. Rather than focus on disparate impact—whether a law… Continue reading