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The Latest Breaking News from Rucho

Chief Justice Burger Set the Stage for the Originalist Revolution

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his colleagues to reach originalist results.

The US supreme court paved the way for Texas’s gerrymandering mess

The US supreme court paved the way for Texas’s gerrymandering mess

In a 2019 case, John Roberts said federal courts shouldn’t intervene in such matters. Trump’s team is taking advantage

The Guardian - US

Justice Thomas's Concurrence in Alexander v. SC NAACP

I think Justice Thomas is setting up to find that the Voting Rights Act is unconstitutional, at least with regard to redistricting.

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What Did Rucho Do to the Political Question Doctrine?

If you're interested in the political question doctrine, you should read my colleague Derek Muller's latest post at the Election Law Blog. Derek identifies several shifts in how lower courts are using the political question doctrine after Rucho--manageability is becoming more important, and it is manageability of rules rather than…

After Rucho, Dobbs, and Moore, State Supreme Courts Take On Even More Significance

As the unelected judiciary becomes depoliticized, the elected judiciary becomes more politicized.

Is drawing a voting map that helps a political party illegal? Only in some states

A North Carolina court's unusual ruling has highlighted the fact that some states allow voting districts to be drawn in ways that make elections less competitive and help one political party win.

John Roberts won't save democracy

Roberts may seek a compromise in the Independent State Legislature case — one that locks down minority rule

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GOP's SCOTUS election case may backfire

GOP's SCOTUS election case may backfire

Moore v. Harper could transform the law — but not in the way that many pundits, or even politicians, anticipate

DeSantis gerrymander may be illegal

DeSantis gerrymander may be illegal

DeSantis’ move, secretly aided by GOP-linked national operatives, came over the objections of GOP lawmakers

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