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Nicholas Stephanopoulos

@profnickstephan.bsky.social
1.8K followers 2.4K following 146 posts

Kirkland & Ellis Professor of Law, Harvard Law School. nicholas-stephanopoulos.com

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Nicholas Stephanopoulos @profnickstephan.bsky.social · 08/09/2026
New paper by @ruthgreenwood.bsky.social and me: "The Death and Rebirth of Vote Dilution," forthcoming in the Supreme Court Review. We show how the Court tried to kill the concept of racial vote dilution in Callais -- and why this idea will never die. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Death and Rebirth of Vote Dilution
For more than half a century, federal law recognized the concept of racial vote dilution. Members of a racial group experience this condition when voting is rac
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 26/08/2026
We filed our reply brief on Friday in our anti-competitive gerrymandering challenge against Wisconsin's congressional districts. The issue (for now) is only whether our claim is cognizable under Wisconsin's constitution. Oral argument is on Sept. 16. www.hlselectionlaw.org/s/20260821-A...
hlselectionlaw.org
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 17/08/2026
New article alert: Aaron Kaufman, Chris Kenny, and I just posted "Intra-Partisan Gerrymandering," forthcoming in @michlawreview.bsky.social. The piece looks at one faction within a party using redistricting to disadvantage another faction within the same party. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Intra-Partisan Gerrymandering
<div> <i>Partisan</i> gerrymandering is a familiar practice. But <i>intra-partisan</i> gerrymandering—one faction within a party designing districts to handica
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 07/07/2026
My new article, "Redistricting Without Tradeoffs," is now live on @columlrev.bsky.social. www.columbialawreview.org/content/redi... The piece argues that, contrary to the conventional wisdom, tradeoffs in redistricting are generally weak to nonexistent. We can usually have our cake and eat it too.
columbialawreview.org
REDISTRICTING WITHOUT TRADEOFFS - Columbia Law Review
Introduction The law of redistricting is based on the potential for tradeoffs among line-drawing criteria. Better performance along one dimension—compactness, partisan fairness, minority representatio...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 24/06/2026
HLS's @electionclinic.bsky.social and @wilmerhale.bsky.social filed a suit alleging that the odd timing of Colorado Springs's local elections violates the Colorado VRA. This odd timing is responsible for a large racial disparity in turnout in local elections. www.hlselectionlaw.org/coelectionti...
hlselectionlaw.org
Reducing Racial Discrimination in Voting in Colorado Springs — Election Law Clinic at Harvard Law School
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Reposted by Nicholas Stephanopoulos
Legal Talk Network @legaltalknet.bsky.social · 24/04/2026
Voting. Midterm elections. Current issues. Tune in to #Lawyer2Lawyer with host J.Craig Williams @legaltalknet.bsky.social‬ and special guest, @profnickstephan.bsky.social @hls.harvard.edu legaltalknetwork.com/podcasts/law...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 22/04/2026
After the Virginia result last night, @planscore.org's model predicts a nearly unbiased House if the electoral environment is like 2024. If the national vote is more like D+5 (per current polls), the model still predicts a modest pro-Republican skew. planscore.org#!predict6D-u...
planscore.org
PlanScore
PlanScore is a first-of-its-kind gerrymandering scoring service for new district plans, allowing users to upload maps and instantly receive projected data about their partisan consequences. You can al...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 21/04/2026
Come work with @ruthgreenwood.bsky.social and me! Apply to be a Clinical Instructor in Harvard Law School's Election Law Clinic. The job offers amazing opportunities to litigate novel election law theories and train the next generation of election lawyers. careers.harvard.edu/job/clinical...
careers.harvard.edu
Clinical Instructor, Election Law Clinic
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 13/03/2026
Very nice to see Andrew Gelman - who helped develop the "Gelman-King" bias of district maps - conceding that the metric doesn't work in uncompetitive states. Other scholars defended the measure's use in Utah, but the court saw through these claims. statmodeling.stat.columbia.edu/2026/03/13/c...
statmodeling.stat.columbia.edu
Being picky and careful pays off! (Utah redistricting story) | Statistical Modeling, Causal Inference, and Social Science
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 11/03/2026
This major new volume on campaign finance is now out. My contribution (papers.ssrn.com/sol3/papers....) argues that, even if legislative quid pro quos are rare, quintessential corruption remains common in the context of government contracts. global.oup.com/academic/pro...
papers.ssrn.com
Campaign Finance and "Real" Corruption
Courts and commentators often assume that “real” corruption—quid pro quo corruption—is largely absent in modern American politics. But it isn’t. In at least one
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 11/03/2026
You can now explore different electoral scenarios on @planscore.org. For Dems to capture the House, they need to win the popular vote by about 1 point. The House's bias is tiny if 2026 is like 2024 (or more pro-Rep), but grows if 2026 is a better Dem year. electionlawblog.org?p=154769
electionlawblog.org
2026 Scenarios for the U.S. House Election #ELB
Another PlanScore update that may be of interest to ELB readers: There’s a new “2026 Scenarios” feature that allows users to see how the U.S. House map as a whole would perform under different elector...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 09/03/2026
This NPR segment on which population counts for redistricting (www.npr.org/2026/03/09/n...) quotes a 2021 paper I wrote with Jowei Chen. We found that changing the unit of apportionment would have significant racial -- but more muted partisan -- effects. www.californialawreview.org/print/democr...
npr.org
The next redistricting battle might be who is counted in state legislative districts
A Republican push to alter the census may lead to a radical shift in redistricting for state legislatures — drawing districts that don't take into account children and non-U.S. citizen adults.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 03/03/2026
What explains the Court's stay in the Staten Island case? 1. The Court could think that race-conscious districting is inherently unlawful. That's what Alito says in his concurrence (contradicting his own opinion in, e.g., Milligan). But no other justice joined Alito.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 02/03/2026
Check out this very cool update to @planscore.org: You can now move a slider back and forth to simulate how a map would perform under any electoral environment. For more, see this post by @mike.teczno.com: medium.com/planscore/pl...
medium.com
PlanScore’s New Midterm-Ready Vote Predictions
This week, the 2026 mid-term election season is kicking off in earnest with U.S. House primaries in Arkansas, Texas, and North Carolina…
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Reposted by Nicholas Stephanopoulos
Votebeat @votebeat.org · 17/02/2026
How much worse can gerrymandering get? Will the Supreme Court strike down a landmark voting rights law? We asked two experts.
bit.ly
Chat: How a Supreme Court case could turbocharge gerrymandering
How much worse can gerrymandering get? Will the Supreme Court strike down a landmark voting rights law? We asked two experts.
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Reposted by Nicholas Stephanopoulos
Stephen Wolf @stephenwolf.bsky.social · 17/02/2026
An informative interview with @justinlevitt.bsky.social & @profnickstephan.bsky.social. Among other things, they discuss how the Supreme Court could make seemingly small changes to the Voting Rights Act that make VRA§2 redistricting lawsuits virtually impossible without deeming it unconstitutional
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 14/01/2026
After Bost, standing could largely disappear as an issue in election law cases -- at least if plaintiffs can get a candidate to join the suit. If only we had known this in Whitford, the whole history of partisan gerrymandering might be different.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 14/01/2026
I wrote this essay for NYU's democracy project on the critical need to curb "misalignment" in American politics. Notably, misalignment is pervasive even when (as in 2024) the presidential candidate preferred by voters wins the election. democracyproject.org/posts/curbin...
democracyproject.org
Curbing Misalignment in American Politics
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 10/12/2025
I just posted "Redistricting Without Tradeoffs," forthcoming in @columlrev.bsky.social, on SSRN. The article relies on huge sets of computer-generated district maps to show that tradeoffs between redistricting criteria are much less common than is often thought. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Redistricting Without Tradeoffs
<div> The law of redistricting is built on the assumption that tradeoffs among line-drawing criteria are pervasive. This view helps explain crucial elements of
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Reposted by Nicholas Stephanopoulos
Election Law Clinic at Harvard Law School @electionclinic.bsky.social · 08/12/2025
Watch how gerrymandering has changed the partisan skew of the U.S. House and state legislatures with the newest PlanScore update!
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 02/12/2025
Check out this cool new feature on PlanScore, showing the U.S. House's aggregate bias over time. Here's 2024 (with estimated scores for the states that have redrawn their maps since then): planscore.org#!2026-ushouse
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 20/11/2025
PlanScore has been updated to include 2024 scores for all congressional, state senate, and state house plans. Check it out: planscore.org#!2024-stateh...
planscore.org
PlanScore
PlanScore is a first-of-its-kind gerrymandering scoring service for new district plans, allowing users to upload maps and instantly receive projected data about their partisan consequences. You can al...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 20/11/2025
Victory in our New York VRA case against Newburgh! The Court of Appeals unanimously held that the town lacks capacity to facially challenge the statute. So our case continues to trial, and the dilution of the town's minority voters' influence may still be fixed. www.nycourts.gov/ctapps/Decis...
nycourts.gov
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 18/11/2025
What an irony it would be if Republicans, by initiating this unnecessary and unprecedented mid-decade redistricting war, ended up costing themselves the House.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 11/11/2025
Possibly of more interest to election law folks: The court really understood the various measures of partisan fairness. It correctly dismissed the state's preferred metrics, partisan bias and the mean-median difference, as inapplicable in an uncompetitive state like Utah.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 10/11/2025
My response to Sachs and Kleinfeld's article advocating parents voting for their children is now up. My idea is to have young adults -- not parents -- vote on behalf of children due to their greater partisan and ideological similarity. ndlawreview.org/give-young-a...
ndlawreview.org
Give Young Adults The Vote | Notre Dame Law Review
ARTICLE Give Young Adults The Vote Nicholas O. Stephanopoulos* Joshua Kleinfeld and Stephen Sachs make a significant contribution to the literature on children’s disenfranchisement by describing and d...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 05/11/2025
Some more problems with this CA racial gerrymandering claim: - The suit's main evidence is some commentary by a mapmaker. But it's the LEGISLATURE'S intent that counts here, not what a line-drawer may have thought. electionlawblog.org?p=152920
electionlawblog.org
The Complaint Filed By Republicans Against the Maps Created by California's Prop 50 Raising Racial Gerrymandering and Intentional Discrimination Claims Faces an Uphill Battle, Especially Given 2026 Ti...
You can find the complaint here. The main argument in the case is that plaintiffs engaged in a racial gerrymander by making race the predominant factor in drawing district lines without s compelling r...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 05/11/2025
Nice story about the "billionaires' brief" filed by @electionclinic.bsky.social arguing on behalf of Mark Cuban and others that Maine's limit on Super PAC donations doesn't materially burden their speech and serves critical state interests. www.sportico.com/law/analysis...
sportico.com
Mark Cuban Joins Legal Fight Against Dark Money and Super PACs
Through a brief authored by the Election Law Clinic at Harvard Law School, Mark Cuban and 4 other billionaires argue in favor of Maine's SuperPAC law.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 30/10/2025
HLS's Election Law Clinic filed this amicus brief yesterday on behalf of Mark Cuban and other wealthy Americans, urging the First Circuit to uphold Maine's limit on Super PAC contributions. Not all rich people want to distort elections in their favor! www.hlselectionlaw.org/s/20251029_F...
hlselectionlaw.org
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 27/10/2025
To clarify, this lawsuit is under the NY Constitution, NOT the NY Voting Rights Act (which only applies to political subdivisions in NY). The suit argues that the NY Constitution should be read to adopt the same vote dilution standard as the NYVRA.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 24/10/2025
Some more concerns about the SG's proposal in Callais: 1. At present, the first Gingles prong focuses on the availability of remedies. The SG's proposal would make it a probe for racial predominance -- the crux of the distinct theory of racial gerrymandering. electionlawblog.org?p=152738
electionlawblog.org
More Concerns About the SG’s Proposal in Callais #ELB
I’ve already discussed a number of problems with the SG’s proposal in Callais (that plaintiffs’ demonstrative maps be required to achieve jurisdictions’ political objectives). Upon further reflection,...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 23/10/2025
This is a nice story about our ongoing anti-competitive gerrymandering suit against Wisconsin's congressional map. I like the demonstrative map in the piece -- look how much more competitive WI's districts could be! urbanmilwaukee.com/2025/10/22/d...
Competitive WI map
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 20/10/2025
Another problem with the SG's proposal in Callais is that it's refuted by Section 2's legislative history. Lots of participants in the '82 hearings thought of the SG's idea that political goals excuse racial vote dilution. And they all believed the idea didn't apply. electionlawblog.org?p=152656
electionlawblog.org
Section 2’s Legislative History Refutes the SG’s Proposal #ELB
I’ve previously noted a number of problems with the SG’s proposal in Callais, under which demonstrative maps would have to achieve the enacted plan’s political goals in order to satisfy the first Ging...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 17/10/2025
The deputy SG drastically understated the number of districts that would be stripped of legal protection under the administration's proposal in Callais. He said about 15 districts would be affected -- the actual number is close to 70. electionlawblog.org?p=152614
electionlawblog.org
Misleading Claims About Affected Districts #ELB
Toward the end of his argument in Callais, Hashim Mooppan seemed to assert that neutering Section 2 would affect only about fifteen congressional districts. In his words, “there are only 15 majority-B...
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Reposted by Nicholas Stephanopoulos
Rick Hasen @rickhasen.bsky.social · 17/10/2025
Watch Archived Video of @law.ucla.edu Safeguarding Democracy Project Webinar: “Redistricting and Re-Redistricting Controversies and the 2026 Elections” www.youtube.com/watch?v=x063... @mcpli.bsky.social @profnickstephan.bsky.social Guy Charles and Moon Duchin
youtube.com
Redistricting and Re-redistricting Controversies and the 2026 Elections
YouTube video by Safeguarding Democracy Project UCLA Law
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 16/10/2025
I wrote this ELB post on a less radical resolution to Callais that may be appealing to some justices. The idea is just to hold that compliance with Section 2 isn't a compelling interest that can justify what would otherwise be unlawful racial gerrymandering.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 16/10/2025
Would anyone still sue under Section 2 if the AG's proposal was adopted? You already need an alternative map (matching the challenged plan's partisanship) to win a racial gerrymandering claim. To win a Section 2 claim, you'd have to do that -- plus satisfy the rest of the Gingles prongs and the TOC.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 16/10/2025
Ironically, VRA plaintiffs would be better off if they had lost in Milligan. Alabama's "race-blind baseline" is legal nonsense. But it's much better for VRA plaintiffs than the SG's proposal -- under which southern states can just erase *all* minority representation.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 15/10/2025
As I recently wrote, the SG's "moderate" proposal to merely "modify" the Gingles framework would still end Section 2 as we know it. By requiring plaintiffs to match the partisanship of challenged plans, it would block essentially all Section 2 claims in the South. electionlawblog.org?p=152332
electionlawblog.org
Destroying Section 2 in Order to Save It #ELB
At first glance, the SG’s brief in Callais seems less radical than those of the appellees and of Louisiana. The latter argue that Section 2 is flatly unconstitutional, while the SG’s brief merely reco...
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 15/10/2025
The stakes were lower than in today's Callais argument, but I had the opportunity to argue for the New York VRA's constitutionality yesterday before the NY Court of Appeals. Case summary: www.nycourts.gov/ctapps/summa... Plaintiffs' brief: static1.squarespace.com/static/60a55...
nycourts.gov
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 18/09/2025
I just posted a new paper, "Aligning Constitutional Law," exploring how the alignment principle could be incorporated into constitutional (not just election) law. I'll be giving the Constitution Day Lecture at Drake University today on the same subject. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Aligning Constitutional Law
At present, American constitutional law gives short shrift to the democratic value of alignment (congruence between governmental outputs and popular preferences
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 15/09/2025
@nedfoley.bsky.social has written this insightful article on Bracket Voting as a method of achieving what I call "alignment" between voters' preferences and elections' winners.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 03/09/2025
I filed this amicus brief in Callais today. The main argument is that Section 2 doesn't require a court-imposed time limit because -- thanks to the Gingles framework -- it's already inherently self-limiting. www.supremecourt.gov/DocketPDF/24...
supremecourt.gov
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 01/09/2025
My article, "Election Law for the New Electorate," is out in the Journal of Legal Analysis. academic.oup.com/jla/article/... Here's the abstract: The American electorate is transforming—undergoing its most sweeping changes in half a century.
academic.oup.com
Election law for the new electorate
Abstract. The American electorate is transforming—undergoing its most sweeping changes in half a century. These shifts include the disappearance of income
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 18/08/2025
My new article, "Redistricting Without Tradeoffs," has found a home in @columlrev.bsky.social. Here's the abstract; I'll be posting the piece soon.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 12/08/2025
It's striking that members of the CA commission now agree that CA's congressional map should be redrawn if other states enact mid-decade gerrymanders. The goal here should be national partisan fairness. A redrawn CA map can serve that goal by offsetting gerrymanders elsewhere.
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 08/08/2025
We filed this brief defending the constitutionality of the NY Voting Rights Act. I'll be arguing the case in the NY Court of Appeals in October. The issue is pretty important: If the NYVRA somehow violates the Equal Protection Clause, then so do all disparate-impact laws. t.co/3A2Vy4JvB4
t.co
https://static1.squarespace.com/static/60a559b59cfc63389f67f892/t/689600d4885354540e6d3a4d/1754661076451/Clarke+v+Newburgh-RespBrf.pdf
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Reposted by Nicholas Stephanopoulos
Michael Albertus @mikealbertus.bsky.social · 06/08/2025
My interview with election law expert @profnickstephan.bsky.social on #Texas Republicans' extreme partisan #Gerrymandering. Why the rare move threatens representation and the balance in the US House – and could spark widespread partisan redistricting. 👇
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 24/07/2025
“The mugger asked for a billion dollars, the keys to my house, and my first-born. I got him to agree to $200M (for now). I’m such a savvy negotiator.” www.nytimes.com/2025/07/23/n...
nytimes.com
Columbia Agrees to $200 Million Fine to Settle Fight With Trump
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Nicholas Stephanopoulos @profnickstephan.bsky.social · 27/06/2025
The decision to reargue Callais is confusing. The most plausible rationale for reargument is getting into the Section 2 merits of the preceding lawsuit. But this case simply isn't about Section 2. So it's a terrible vehicle for a blockbuster ruling about the VRA.
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