Voting

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…

Cyber Interference in Elections and Federal Agency Action

October 29, 2018

Pop quiz: which part of the federal government is tasked with preventing cyber interference in our elections? Congress has refused to say. We have reached a point of a significant gap between an important federal need and existing federal power. And in the absence of that federal power, federal agencies have stepped into the gap…

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…