Elections

The Supreme Court Is Killing Contribution Limits Softly; A Few Years from Now They Likely Will Be Dead.

December 29, 2019

The Thompson v. Hebdon per curium opinion is the latest example of the Roberts Supreme Court’s hostility to reasonable money in politics reforms like contribution limits, and its insistence on ignoring empirical data about campaign finance. In Thompson v. Hebdon, the Court remanded the case so that the Ninth Circuit could “revisit whether Alaska’s contribution…

Super PACs and the Market for Data

November 2, 2018

As the midterm elections approach, money is flowing into the coffers of candidates, parties, and outside groups at unprecedented rates. Meanwhile the Federal Election Commission (FEC) has, by many accounts, softened its enforcement of campaign finance laws. Clever political operatives and their lawyers stand ready to exploit the regulatory vacuum. This post focuses on one…

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Into the Redistricting Woods

February 13, 2018

This post is the first in a series about the redistricting cases moving through the courts. In the Spring of 2013, two prominent election lawyers, a Republican and a Democrat, visited my Election Law class. I asked them what were the great unsettled questions in the field, especially governing redistricting. They were united in their…