With Callais not out yet & no opinion likely until late March at the earliest, it is becoming functionally too late for most southern states to redraw maps.
By the end of March, primaries will have happened in TX, NC, & MS & mail ballots will go out shortly after in AL, GA, and LA.
In a new Election Law Blog, I argue that, in prepping for a post-Trump world, we need to re-think preclearance. Using the mid-decade redistricting fights as an example, the post argues that DOJ should be sidelined and/or courts given power to review preclearance grants.
electionlawblog.org?p=154611
Relying on the Supreme Court's decision in Callais and its gutting of Section 2 of the VRA, the OLC released a memo declaring unconstitutional the EEOC's interpretive rules and guidance documents governing Title VII's disparate-impact provisions. Here's my take:
electionlawblog.org?p=156693
Some thoughts on tonight's indefensible shadow docket ruling in the Alabama congressional redistricting dispute.
electionlawblog.org?p=156546
The collateral damage of Louisiana v. Callais is spreading to employment discrimination. Relying on Callais, the Office of Legal Counsel (OLC) has issued a memo declaring unconstitutional the EEOC’s i...
I'll be presenting this paper next week at the National Conference of Constitutional Law Scholars at the University of Arizona Law School. I'll post it on SSRN after incorporating comments from the conference. In the meantime, happy to share if folks are interested.
Michael Li (李之樸)
My book is available for pre-order! Get your copy here: www.cambridge.org/us/universit...
I've just submitted a new paper out this law review cycle. In Liquidating Reconstruction, I ask what the Reconstruction Amendments can teach us about liquidation and vice versa. This paper is especially timely given that 2027 is the 150th anniversary of the end of Reconstruction.
Franita Tolson 💕💚
electionlawblog.org?p=156075
Professor of Law, Washington University in St. Louis. Writing and Teaching about Voting Rights and Constitutional Law.
