ABC4 [Salt Lake City] reports, stating that the state supreme court’s order “means that unless another stay is granted, presumably by the U.S. Supreme Court, the Utah Legislature will need to draw new congressional maps by September 25.” I’m unaware, however, of any federal issues in the case that would give SCOTUS jurisdiction to issue a stay. I have not been following this case closely, but the Utah Supreme Court’s opinion accompanying its ruling (which is contained in the news report) seems to focus exclusively on issues of state law.

UPDATE: as one astute reader noted, there is at least the theoretical possibility of raising a federal question by claiming that the state judiciary contravened the prerogative of the state legislature to make the rules for congressional elections pursuant to the relatively modest version of the Independent State Legislature Doctrine articulated in Moore v. Harper. But it’s not clear to me what would be the specific argument that the state judiciary went too far in interpreting the state’s constitution. Of course, it is also possible that the current U.S. Supreme Court would overturn the decision in Arizona Independent Redistricting Commission, which permits citizens initiatives to constrain gerrymandering of a state’s congressional districts. But I don’t know whether a challenge to that precedent under the doctrine of stare decisis has been properly presented in that case, or if SCOTUS would have the appetite to entertain it.

The Guardian reports. I doubt that defying court orders is the best way to combat election denialism. The story discusses Democrats in Georgia who were found in contempt of court for refusing to appoint Republican election commissioners on the ground that they were “election denialists.” One of the Democrats defended their position by saying “we have no choice but to resist.” I would say, to the contrary, that the rule of law needs to be followed, which includes obeying court decrees and appealing them if necessary. I’m no fan of election denialism, as anyone who’s read my work knows, but ultimately the capacity of our democracy to sustain itself depends on handling election administration matters according to what the law requires, rather than what one personally believes is required in the particular situation.

I will be at the O’Connell conference. Details here.

I’ve posted this new article on SSRN. Here’s the abstract:

This essay, a contribution to the Ohio State Law Journal symposium on the important new book Aligning Election Law by Nicholas Stephanopoulos, addresses the value of the alignment principle for evaluating alternative electoral systems.  It discusses the challenge that social choice theory—in particular, Arrow’s Impossibility Theorem—poses for the alignment principle as the guiding metric for judging electoral systems. It offers an alternative way to decide what electoral system a democracy should adopt, a way that accepts the path-dependency of electoral processes and is rooted in the idea that a constitution can choose an appropriately path-dependent electoral procedure based on constitutional values. The essay uses a distinctive version of the Rawlsian “veil of ignorance” (where constitutional drafters imagine themselves choosing constitutional provisions on behalf of citizens whose specific identities they don’t know) to show how a constitution can specify a suitable path-dependent electoral procedure. The essay describes the details of one specific electoral system, Bracket Voting, that follows from this type of Rawlsian constitutional analysis. The essay also shows that Bracket Voting accords with the alignment principle for those circumstances in which Arrow’s Theorem and path-dependency are not practical problems for the polity under consideration. 

I welcome comments as the essay is still in the editing process.

In our first week, we published three additional essays with views on several ways to address the toxic political culture of our era, in addition to Randy Kennedy’s essay excerpted earlier here entitled: NOT By Any Means Necessary.

From John Sexton, on the role of universities:

“In a time when in some quarters ignorance actually is celebrated and expertise is mocked, those of us privileged to live in universities must beware ourselves of oversimplification and binary, ideological thinking; as we opine on issues facing our communities, we must model the appreciation of complexity (and its concomitant, dialogue) that characterizes our disciplinary work at its best. As we do so, we must bring along the humility, the openness to different thoughts, and the assumption of good faith that we exercise with respected colleagues in our fields.”

From Jake Sullivan, on a vision for national service:

“Establishing a universal expectation and opportunity for service offers something rare in today’s political climate: a solution that works, that young people want, and that has a clear implementation path.”

From former D.C. Circuit judge Tom Griffith, on the Framers as a model for handling political conflict:

“The Framers became friends who were willing to engage in good faith negotiations and seek mutual accommodations for the sake of unity. They did so because their backs were against the wall. Failure to reach compromise would have posed an existential threat to the new nation. Are we in a similar moment? I fear we are. But the Constitution shows us a path forward. If we’re willing to learn from the Framers — not just what they wrote, but how they wrote it — we can begin to heal. It won’t be easy. It demands humility and generosity. But it also gives us something we’re starving for: hope.”

Courthouse News Service (via Electionline).