Recent | Take Care

How Congress Can Use Its Constitutional Powers to Guarantee Voting Rights for All

11/19/18 // In-Depth Analysis

The Constitution explicitly gives Congress sweeping powers to protect the right to vote

David Gans

CAC

Shifting the Burden and Striking a Balance

11/16/18 // Commentary

It's no easy task to design effective voting rights legislation that can withstand Supreme Court review

Lisa Manheim

UW School of Law

The House Should Pass an Effects-Test Bail-in Provision

11/15/18 // In-Depth Analysis

Congress should revise Section 3 of the Voting Rights Act to expand the circumstances in which courts can impose preclearance requirements

Travis Crum

Washington University in St. Louis

The Validity of Stopping Voter Suppression

11/14/18 // In-Depth Analysis

Now that Democrats have taken the House, it’s time to start thinking about stopping voter suppression through legislation—via laws instead of lawsuits

Nicholas Stephanopoulos

Harvard Law School

Reforming Elections Through Legislation

11/14/18 // Latest Developments

We are pleased to announce a mini-symposium in collaboration with the Election Law Blog

Take Care

Joshua Matz

Raising Red Flags about Shelby County

10/15/18 // Commentary

Although Shelby County had a dramatic and immediate real-world impact, its future doctrinal importance is likely minimal.

Travis Crum

Washington University in St. Louis

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18 // In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Election Equipment Vendors Play a Key, and Underexamined, Role in U.S. Democracy

9/17/18 // Commentary

A major effort to bar independent research into the efficacy and security of American voting equipment is underway right now.

Protect Democracy

Abbott v. Perez: Bad Reading Invites Discriminatory Redistricting

7/6/18 // In-Depth Analysis

Ironically but thankfully, the result of Justice Alito's deeply mistaken analysis in Abbott v. Perez is an opinion that makes less bad law than it might have.

Daniel P. Tokaji

Ohio State, Moritz College of Law

DOJ and the Voter Rolls

7/5/18 // Commentary

In voting rights, as elsewhere, there’s plenty of reason to stay woke. But if you’re looking for evidence of the crumbling of the Republic, the recent voter roll settlement in Kentucky isn’t the place to start.

Justin Levitt

Loyola Law School

Court Affirms Government’s Interest in Protecting Voting Process

6/14/18 // Commentary

By Adav Noti: In Minnesota Voters Alliance v Mansky, the Supreme Court avoided the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

Take Care

If You’re Minnesota Nice, You Can Wear Whatever You Want to the Polls

6/14/18 // Quick Reactions

By Ilya Shapiro: SCOTUS has ruled that a Minnesota law banning 'political' apparel at polling places violates the First Amendment

Take Care

A Brief and Obvious, But Nonetheless Necessary, Observation About Today's SCOTUS decision in the Ohio Voter Registration Case

6/11/18 // Quick Reactions

I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.

Michael C. Dorf

Cornell Law School

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18 // Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School

Versus Trump: The Citizenship Question

4/5/18 // Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco