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
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.
My book is available for pre-order! Get your copy here: www.cambridge.org/us/universit...
With Monday’s shadow docket decision in Malliotakis v. Williams, the Staten Island NYVRA case, the Supreme Court has doubled-down on its resistance to lower courts issuing preliminary injunctions agai...
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
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 6-3 shadow docket order, and over a dissent by Justice Sotomayor, the Supreme Court effectively allowed Alabama to re-draw its congressional redistricting map. You can find the order here. Follow...
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...
Some thoughts on tonight's indefensible shadow docket ruling in the Alabama congressional redistricting dispute.
electionlawblog.org?p=156546
Travis Crum
Earlier tonight, in yet another 6-3 shadow docket order, the Supreme Court stayed a three-judge district court’s injunction, thereby allowing Alabama to use a congressional map that was found to be in...
Remember how the first Trump administration tried to "enforce the VRA" by adding a citizenship question to the 2020 Census? Well it appears we're gonna have that fight again, and this time a recent lawsuit brought by Missouri is the opening volley.
electionlawblog.org?p=154179
electionlawblog.org
Last week, Missouri filed a complaint alleging that undocumented immigrants and temporary visa holders (such as those here on student or work visas) should not be counted during the 2030 Census and ap...
Here's an in-depth analysis of the Supreme Court's decision in Callais that effectively guts Section 2 of the Voting Rights Act:
electionlawblog.org?p=155755
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.
The Supreme Court has decided Louisiana v. Callais, and the result could very well be catastrophic for minority political power. The big-ticket takeaways are clear: the Court has gutted Section 2 of t...
