The Supreme Court’s recent rulings on mail-in ballots and redistricting foreshadow a frosty reception to further attempts to change the rules before the election, experts said.

You can find the order here. Unlike in the last shadow docket dispute, Justice Kavanaugh referred this matter to the entire Court, and the absence of public dissents will hopefully send an (even) stro...

Forgive the Mark Twain allusion, but I couldn’t resist paraphrasing a fellow Missourian. As Rick and Derek have already noted, the Missouri redistricting litigation took a surprising turn today. I agr...

As Rick and Ned have flagged, Missouri has moved for a stay of the Missouri Supreme Court’s decision that (1) put the referendum on repealing the 2025 “Missouri First” map on the November 2026 ballot ...

As Rick and Ned have flagged, Missouri has moved for a stay of the Missouri Supreme Court’s decision that (1) put the referendum on repealing the 2025 “Missouri First” map on the November 2026 ballot ...

Yesterday, in Von Glahn v. Hoskins, the Missouri Supreme Court unanimously held that the Missouri Constitution permits a referendum on congressional redistricting maps, thereby putting on hold the so-...

Yesterday, in Von Glahn v. Hoskins, the Missouri Supreme Court unanimously held that the Missouri Constitution permits a referendum on congressional redistricting maps, thereby putting on hold the so-...

A federal judge issues another blow to the president’s elections agenda

The collateral damage of Louisiana v. Callais is spreading to employment discrimination. Relying on Callais, the Office of Legal Counsel (OLC) has issued a memo declaring unconstitutional the EEOC’s i...

Earlier tonight, in yet another 6-3 shadow docket order, the Supreme Court stayed a three-judge district court’s injunction, thereby allowing Alabama to use a congressional map that was found to be in...

In a 6-3 shadow docket order, and over a dissent by Justice Sotomayor, the Supreme Court effectively allowed Alabama to re-draw its congressional redistricting map. You can find the order here. Follow...

The Supreme Court has decided Louisiana v. Callais, and the result could very well be catastrophic for minority political power. The big-ticket takeaways are clear: the Court has gutted Section 2 of t...

With Monday’s shadow docket decision in Malliotakis v. Williams, the Staten Island NYVRA case, the Supreme Court has doubled-down on its resistance to lower courts issuing preliminary injunctions agai...

Last week, Missouri filed a complaint alleging that undocumented immigrants and temporary visa holders (such as those here on student or work visas) should not be counted during the 2030 Census and ap...

You can find Missouri’s AG’s press release here. The complaint is here. This is yet another attempt to exclude undocumented immigrants from the decennial apportionment. The first Trump administration ...

As readers of this blog know, the Eighth Circuit recently ruled that there is no implied cause of action under Section 2 of the Voting Rights Act and that Section 1983 cannot provide a jurisdictional ...

Politico: Republicans and Democrats are quietly pouring millions of dollars into a fight trying to block Missouri’s new gerrymandered congressional map, as each party scrambles for any advantage they ...

Yesterday, a three-judge district court preliminarily enjoined Texas’s mid-decade congressional redistricting map. This case will be promptly appealed to the Supreme Court, and it will be the first of...

<p>This <i>Foreword</i> introduces a symposium marking the 150th anniversary of <i>Minor v. Happersett</i>, a Supreme Court decision unanimously holding th

Missouri Attorney General Catherine Hanaway is arguing that the referendum is usurping the legislature’s power to redraw congressional districts.

Missouri seeks to revive the independent state legislature theory, this time its by insisting that there’s a clear-statement rule. I may have more to say about this case in the near future. In the mea...

Earlier today, I attended the oral argument in Callais. My global takeaway is a bit more sanguine than Rick’s. When the case was set for re-argument, the new QP flagged Section 2’s constitutionality: ...

Tomorrow, the Supreme Court will hold a rare re-argument in Louisiana v. Callais on whether Section 2 of the VRA is unconstitutional as applied to redistricting. I’ve filed an amicus brief arguing tha...

Sparked by Nick Stephanopolous’s amicus brief, there’s been discussion on this blog about Section 2’s limits and how that might impact tomorrow’s re-argument in Callais. To help readers understand the...

This weekend, FSU will host the 2025 Election Law Conference. Jacob Eisler is the organizer, and I am serving as an informal advisor. This conference is a sequel to last year’s Election Law Conference...

Another ELB contributor has entered the Callais fray. Today, I filed an amicus brief in support of the Robinson appellants in this fall’s blockbuster voting rights case, Louisiana v. Callais. You can ...

Yesterday, the three-judge district court in the Alabama congressional redistricting litigation declined to bail-in the State to the VRA’s preclearance regime. You can find the district court’s decisi...

Tomorrow, the three-judge district court in the Alabama congressional redistricting litigation will hold a hearing on whether to bail-in Alabama to the VRA’s preclearance regime. If bailed-in, Alabama...