In 2004 Partisan Gerrymandering Case, Justice Scalia Originally Had a Majority with J. Kennedy Joining, and J. Souter Was Going to Concur in the Judgment Not Dissent

May 31, 2023, 7:19 amredistricting, Supreme CourtRick Hasen

I did not have time when I was at the Library of Congress looking at Justice Stevens’ papers to give a close read to the file in Vieth v. Jubelirer, a 2004 partisan gerrymandering case. In that case, four… Continue reading

Sending Healing Thoughts and Strength to Gerry Hebert

May 31, 2023, 6:55 amelection law bizRick Hasen

Our friend Gerry Hebert, with a long and distinguished career in voting rights at the Department of Justice and at the Campaign Legal Center (not to mention his role as “Bailout King“), is ill with brain cancer. Jerry… Continue reading

“Opinion: The Supreme Court was enabling corruption well before the Clarence Thomas scandal”

May 31, 2023, 4:51 amUncategorizedRichard Pildes

Ciara Torres-Spelliscy with her views on this in the LA Times: The Supreme Court recently reversed the conviction of a onetime aide and campaign manager for disgraced former New York Gov. Andrew Cuomo. The decision may have surprised those… Continue reading

“Texas AG Says Trump Would’ve ‘Lost’ State If It Hadn’t Blocked Mail-in Ballots Applications Being Sent Out”

May 31, 2023, 4:08 amUncategorizedRichard Pildes

From Newsweek: Texas Attorney General Ken Paxton, a Republican, said former President Donald Trump would have lost in Texas in the 2020 election if his office had not successfully blocked counties from mailing out applications for mail-in ballots to… Continue reading

“Justice and Trump with Commanding Early Leads in West Virginia”

May 31, 2023, 4:04 amUncategorizedRichard Pildes

Here: “In a hypothetical 2024 U.S. Senate matchup in West Virginia, the latest ECU Poll shows Governor Jim Justice with a significant 22-point lead over incumbent Senator Joe Manchin, 54% to 32%, among registered voters in the state (with 13%… Continue reading

“What Happens When the President Calls You an “Enemy of the People?” Election Officials and Public Sentiment”

May 31, 2023, 4:03 amUncategorizedRichard Pildes

New academic article in the Election Law Journal. From the abstract: False information about the legitimacy of recent American elections has prompted a barrage of harsh rhetoric against the officials who administer them. This spike in negativity, largely occurring through… Continue reading

“Nevada becomes latest to enhance penalties for election worker intimidation after statewide exodus”

May 31, 2023, 3:55 amUncategorizedRichard Pildes

Washington Post: Those who harass, intimidate or use force on election workers performing their duties in Nevada could soon face up to four years in prison under a new law signed by the Western swing state’s Republican governor on Tuesday.… Continue reading

“What a New Democratic Map in New York Could Look Like”

May 31, 2023, 3:53 amUncategorizedRichard Pildes

From David Wasserman at Cook (paywalled): There’s already buzz that Albany Democrats, if given the chance, could opt for a “safer play” than the map they pursued in 2022, targeting five or six GOP incumbents who are already at varying… Continue reading

“White House press shop adjusts to proliferation of AI deep fakes”

May 31, 2023, 3:51 amUncategorizedRichard Pildes

Politico: When an image showing what looked to be a bombing at the Pentagon started to spread online last week, the stock market dipped momentarily. Kayla Tausche, who covers the White House for CNBC, quickly started fact checking. Popping into… Continue reading

“Budget deal shows Alaska is already reaping ranked choice’s rewards”

May 30, 2023, 6:16 pmUncategorizedRichard Pildes

An op-ed from David Lublin, Glen Wright, and Benjamin Reilly in the Anchorage Daily News: They did it. Alaska’s budget, which passed the Legislature last week, was a classic political compromise, with a smaller divided check than many would have… Continue reading

My New One at Slate on How Justice Souter Wanted to Warn in Campaign Finance Opinion About the Danger of “Plutocracy” until Justice O’Connor Shut Him Down

May 30, 2023, 7:46 amcampaign finance, Supreme CourtRick Hasen

I have written this piece at Slate. It begins: More than 20 years ago, then-Supreme Court Justice David Souter tried to warn that big money in politics risked turning United States officials into tools of an emerging “plutocracy.” We now… Continue reading

Justice Stevens (or Someone Else) Drafted a Proposed Remand Order in Bush v. Gore That Would Have Kept the Chances for a Recount Alive

May 30, 2023, 7:39 amBush v. Gore reflections, Supreme CourtRick Hasen

Joan Biskupic and Derek Muller have covered the most important news I saw in Justice Stevens’ Bush v. Gore files: that the Article II (independent state legislature theory) emanated from Justice O’Connor, not Chief Justice Rehnquist, and that Justice O’Connor… Continue reading

“Chris Christie Gets a Super PAC Ahead of His Likely 2024 Bid”

May 30, 2023, 4:46 amUncategorizedRichard Pildes

In case you wondered whether he was running. From NYT.

“The Obama effect? Race, first-time voting, and future participation”

May 30, 2023, 4:40 amUncategorizedRichard Pildes

From a new study by Jacob Brown in PSRM: Voting in 2008 caused a greater increase in the likelihood of voting in 2010 for Blacks than for other new voters, but there is no evidence of a sustained mobilizing advantage… Continue reading