You can find the motion for an injunction pending appeal here. Given the panel’s 2-1 vote against issuing a preliminary injunction, I expect this motion to be rejected in short order, teeing up the ...

The DOJ has now sued almost half of the states in the country to try to get access to their voter files. I believe that the Central District of California is first out of the gate with a written ...

Back at the time the Court was asked to hear this case about when candidates have standing to challenge election laws in advance of an election, I supported on this blog the Court taking the case. I ...

Rick P. already has a great take on today’s decision in Bost, helpfully blogged by Travis. In particular, I am inclined to agree with Rick’s view that we may not see much on-the-ground difference ...

NYT: Democratic Party insiders are beginning to puzzle over one of the more consequential decisions for the party’s future: which states should vote first in the 2028 presidential primary elections.

Supreme Court justices take two oaths. The first, required of all federal officials, is a promise to support the Constitution. The second, a judicial oath, is more specific. It requires them, among ...

Congress learned some hard lessons about the limits of its power during the first year of the second Trump administration, when Republican leaders in both chambers largely declined to check a ...

WaPo: President Donald Trump on Tuesday warned that Democrats would “find a reason to impeach me” if the GOP lost control of Congress — using the prediction to pressure lawmakers to unify behind a ...

A 3-judge California district court, on a 2-1 party line vote, issued this order holding that California likely did not engage in a racial gerrymander (or violate Section 2 of the VRA) when California ...

Faux Campaign Finance Regulation and the Pathway to American Oligarchy (conference paper dated Apr. 24, 2025, draft available, https://papers.ssrn.com/sol3/papers.cfm ...

A Grand Bargain is Emerging in the Supreme Court’s Trump Cases, But Chaos May be Ahead, Slate, February 8, 2024 Donald Trump is Asking the Supreme Court for the Bush v. Gore Treatment, Slate, February ...