“The Future of Voting Rights Is on the Line at the Supreme Court”

Here’s a transcript of a bit of my Slate Amicus podcast conversation with Dahlia Lithwick:

Can you just explain to us what happens if Section 2 of the Voting Rights Act is no longer the mechanism by which voters can remedy racially discriminatory voting practices?

It would be an earthquake in American politics, like nothing we’ve seen before, because Section 2 applies nationwide, it applies to congressional districts, it applies to city council races, it applies to state legislative districts. Any place where legislative lines are drawn and white people and minority voters prefer different candidates—and that’s not just in the South, that’s in parts of California, that’s in places all over the country—Section 2 would no longer require race-conscious districting, and it would mean that our legislative bodies will be less diverse. They will be whiter. Now some of the people who’ve been elected before as incumbents, they’d still be able to get elected, but you’re going to see a bunch of redistricting in places where you could draw more Republican seats and squeeze out seats. Think about some of the most prominent Black members of Congress, the most prominent Latino members of state legislatures; some of these people would no longer be able to get elected. It would be huge. So I can’t even tell you what an effect Section 2 has had in assuring fair minority representation in this country, and it would be gone.

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Walter Olson: “CIS kicks voter registration groups out of naturalization ceremonies”

Walter at his Substack:

An Aug. 29 policy statement from U.S. Citizenship and Immigration Services, the federal agency, says the agency will from now on bar nonpartisan groups such as the League of Women Voters from offering voter registration services at the end of CIS-hosted naturalization ceremonies.

The League of Women Voters, deploring the move, says it’s been offering voter registration at naturalization ceremonies “for decades.”

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If CIS has alleged that this process has been abused in some way, I’ve missed it.

Under the new policy, CIS will still invite state and local election agencies — and only them — to offer voter registration after ceremonies. The League, however, says those agencies often lack capacity to send personnel to the events and have been grateful for the help….

The new policy applies to so-called administrative naturalization ceremonies in which CIS officials are present. That includes not only those held at CIS facilities but also, so far as I can see, those at off-site locations that civic or government groups have made available for the occasion, such as civic centers and other public buildings, military bases, sporting events, fairs and so forth. CIS can and does place extensive conditions on the government and civic groups that make these venues available, so I assume it can probably impose its policy, or something close, in off-site locations that are not on CIS’s own property.

On the other hand, if I’m reading the newly revised CIS policy manual correctly, the new policy does not extend (see Footnote 1) to “judicial” naturalizations in which a federal, state, or local judge administers the oath of allegiance at a courthouse or elsewhere. If so, nonprofits can still register voters at those venues with host permission….

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“The gerrymandering battle has a historical precedent. It’s a warning we should heed.”

Alex Keyssar oped in The Boston Globe:

The framers of the Constitution — assembling in 1787, a time when political parties did not exist — chose to leave it to the state Legislatures to decide how to select presidential electors. Although, as later explained by James Madison, choosing electors through district elections within each state “was mostly, if not exclusively in view when the Constitution was framed,” the final document permitted states to experiment and develop their own systems.

In the first presidential elections, some states did indeed hold district elections to choose electors, others preferred statewide general ticket (winner-take-all) elections, and still others chose to dispense with popular elections and let their Legislatures pick the electors — which unsurprisingly resulted in all of a state’s electoral votes being cast for the same candidate. Numerous states changed their method of selection from one election to the next; some developed hybrid systems.

But political parties were taking shape rapidly in the 1790s, and the experiments in electoral design were soon engulfed by partisan interests, both Federalist and Democratic-Republican. Parties that confidently controlled the Legislature in each state increasingly opted for methods of choosing electors that would deliver all of a state’s electoral votes to their candidates.

The triumph of partisanship over principle was vividly played out in the key state of Virginia in the 1800 presidential election. That year’s bitterly contested election pitted Federalist John Adams against the Democratic-Republican, Thomas Jefferson; it was a rematch of the 1796 election, which Adams had won by only three electoral votes. One of those Adams votes had come from a Virginian, who was elected to his post thanks to the commonwealth’s use of a district system.

Virginia’s Republicans, who dominated state politics, had long expressed a preference for district elections as the method that would yield results that best reflected the views of a diverse people. But they were also determined to elect Jefferson, and the Legislature consequently decided to switch to the “general ticket” in the 1800 election — to prevent Adams from picking up any electoral votes in the nation’s largest state. (To no one’s surprise, Massachusetts then retaliated, switching to legislative selection of electors, to bolster the candidacy of Adams, its native son.)

The Virginia Legislature’s decision was controversial, widely denounced as an unprincipled surrender to the ignoble spirit of “faction.” John Marshall, a Virginia native and soon to become chief justice of the United States, found the Legislature’s action to be so distasteful that he vowed to never vote again in a presidential election as long as the general ticket was in place.

Notably, Republicans in the Legislature acknowledged the legitimacy of the criticism: They defended what they had done on the pragmatic grounds that many Federalist states were already utilizing winner-take-all elections and that it would thus be foolish for Virginia to disadvantage its preferred candidate by doing otherwise. In a formal statement, the Legislature declared that such partisan maneuvers were warranted “until some uniform mode for choosing a President … shall be prescribed by an amendment to the Constitution.” Virginia, in effect, would act in a principled manner once all states were doing so….

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“How Elon Musk Is Remaking Grok in His Image”

NYT:

Elon Musk has said Grok, the A.I.-powered chatbot that his company developed, should be “politically neutral” and “maximally truth-seeking.”

But in practice, Mr. Musk and his artificial intelligence company, xAI, have tweaked the chatbot to make its answers more conservative on many issues, according to an analysis of thousands of its responses by The New York Times. The shifts appear, in some cases, to reflect Mr. Musk’s political priorities.

Grok is similar to tools like ChatGPT, but it also lives on X, giving the social network’s users the opportunity to ask it questions by tagging it in posts.

One user on X asked Grok in July to identify the “biggest threat to Western civilization.” It responded that the greatest threat was “misinformation and disinformation.”

“Sorry for this idiotic response,” Mr. Musk groused on X after someone flagged Grok’s answer. “Will fix in the morning,” he said.

The next day, Mr. Musk published a new version of Grok that responded that the greatest threat was low “fertility rates” — an idea popular among conservative natalists that has transfixed Mr. Musk for years and something he has said motivated him to father at least 11 children….

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Announcing the Safeguarding Democracy Project’s Fall Lineup of Events and Webinars, Focused on the Fairness and Integrity of the 2026 Midterms

The Risk of Federal Interference in the 2026 Midterm Elections

Tuesday, September 16, 12:15pm-1:15pm PT, Webinar

Register here.

Ben Haiman, UVA Center for Public Safety and Justice, Liz Howard, NYU Law Brennan Center for Justice, and Stephen Richer, Ash Center for Democratic Governance and Innovation, Harvard Kennedy School

Richard L. Hasen, moderator (Director, Safeguarding Democracy Project, UCLA)

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for  ​1  hour of MCLE credit. 

Lessons from the 2024 Elections for 2026 and Beyond: A Conversation with Nate Persily

Tuesday, October 7, 12:15pm-1:15pm PT, Room 1337 UCLA Law and online

Register here for in-person. Lunch will be provided.

Register here for Webinar.

Richard L. Hasen, Director, Safeguarding Democracy Project, UCLA and Nate Persily, Stanford Law School

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for ​1 hour of MCLE credit.

Redistricting and Re-Redistricting Controversies and the 2026 Elections

Thursday, October 16, 12:15pm-1:15pm PT, Webinar

Register here.

Guy-Uriel Charles, Harvard Law School, Moon Duchin, Director, Data and Democracy Research Initiative, University of Chicago, Michael Li, NYU Law Brennan Center for Justice, and Nicholas Stephanopoulos, Harvard Law School.

Richard L. Hasen, moderator (Director, Safeguarding Democracy Project, UCLA)

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for ​1 hour of MCLE credit.

Media, Social Media, and the Changing Election Information Environment in 2026

Thursday, October 30, 12:15pm-1:15pm PT, Webinar

Register here.

Co-sponsored by the Institute for Technology, Law & Policy

Danielle Citron, UVA Law School, Brendan Nyhan, Dartmouth College, and Amy Wilentz, UCI Emerita 

Richard L. Hasen, moderator (Director, Safeguarding Democracy Project, UCLA)

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for ​1 hour of MCLE credit.

The Supreme Court, the Voting Rights Act, and the 2026 Elections

Tuesday, November 18, 12:15pm-1:15pm, PT, Webinar

Register here.

Ellen Katz, University of Michigan Law School, Lenny Powell, Native American Rights Fund, and Deuel Ross, Legal Defense Fund

Richard L. Hasen, moderator (Director, Safeguarding Democracy Project, UCLA)

UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for ​1 hour of MCLE credit.

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“Trump Family Profits Even With Tepid Launch of Crypto Tokens”

NYT:

The Trump family’s cryptocurrency venture known as World Liberty Financial had a tepid first day of open-market trading on Monday, surging in value initially before losing most of those gains.

But because of an unusual insider arrangement, the Trump family was still assured a considerable payday as its expanding universe of crypto ventures continued to break norms for business dealings by presidential families.

The big event on Monday was the start of exchange-based trading of World Liberty Financial’s cryptocurrency token, which is traded as $WLFI. It was created last October by the Trump family and its partners, who include Zach Witkoff, the son of Steve Witkoff, the Middle East envoy for President Trump.

But until this week, the World Liberty organizers did not allow the token to be traded on public markets, meaning that after the 35,000 original buyers purchased a total of about $550 million worth of the tokens through this spring, they could not easily sell them. The organizers voted in July to lift that restriction.

That set the stage for the token’s trading debut on Monday on some of the world’s biggest cryptocurrency exchanges, including Binance, Bybit and OKX.

The original buyers were allowed to cash out of as much as 20 percent of their purchases, and some of them apparently did just that. Many of these original buyers had purchased the World Liberty token at a fraction of the price it entered the market with on Monday, meaning they were in line for considerable profits.

The price of the token started Monday at 8 a.m. at 20 cents and surged in the first five minutes to as high as about 40 cents.

It then fell rapidly, settling at about 22 cents as of 5 p.m., lower than many followers of World Liberty, at least on social media, had expected.

To help prop up the trading price, one major $WLFI holder, Justin Sun, announced on Monday that he had no immediate plans to sell his tokens. Mr. Sun had been targeted by securities investigators during the Biden administration, only to see his case frozen once Mr. Trump returned to office.

The Trump family itself controls about 22.5 billion of the $WLFI tokens, suggesting that its holdings as of Monday afternoon were worth about $5 billion, making it one of the most valuable Trump assets, worth far more than its real estate holdings, such as its hotels and golf courses.

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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