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Initial Thoughts on Doe v. Reed
I have now had a chance to read the decision in Doe v. Reed. In broad brush strokes, the Court did what I predicted they would do: a broad majority voted that disclosure of the names of the signers of...
Posted in Election Law on June 24, 2010 11:22 AM
Another Indiana Election To Be Decided by a Provisional Voter Who Must Show Up with ID
See here. Let's remember the words of Judge Posner in the Crawford case: "a vote in a political election rarely has any instrumental value, since elections for political office at the state or federal level are never decided by just...
Posted in Election Law on May 14, 2010 04:19 PM
Doe v. Reed: A Sigh of Relief on Campaign Finance Disclosure
I have generally been sounding the alarm about the Roberts Court and election law, on its approach to everything from campaign finance to the Voting Rights Act to election administration issues such as voter identification. There are various explanations for...
Posted in Election Law on April 28, 2010 08:18 PM
"Introduction: Developments in Election Law"
I have posted this draft on SSRN (forthcoming, Loyola of Los Angeles Law Review). Here is the abstract, with links to each article described included in the abstract: This is a brief introduction to the Loyola of Los Angeles Law...
Posted in Election Law on October 26, 2009 07:58 AM
"Documenting Disfranchisement: Voter Identification at Indiana's 2008 General Election "
Mike Pitts and Mathew Neumann have posted this draft (forthcoming, Journal of Law and Politics) on SSRN. Here is the abstract: This article presents and examines previously unavailable data regarding the extent to which Indiana's photo identification requirement prevented prospective...
Posted in Election Law on September 16, 2009 07:57 AM
Why Section 5 Still Matters, Or, The Obama DOJ Differs from the Bush DOJ
Via the Atlanta Journal-Constitution comes this objection letter from the Department of Justice to a Georgia voter verification system which checks, among other things, the citizenship eligibility of Georgia voters. Because Georgia is a jurisdiction covered under section 5 of...
Posted in Election Law on June 1, 2009 09:49 AM
What Does Jan Crawford Greenburg Know?
Her must-read post on the Sotomayor nomination ends: "But a second vacancy could soon be in the cards."...
Posted in Election Law on May 26, 2009 09:35 PM
Views of Assistant AG for Civil Rights Nominee Perez on Voter ID and Crawford
Via this post at BLT on delays in the judiciary committee's consideration of two appellate court nominees and DOJ Nominee Thomas Perez comes these answers from Mr. Perez on voting, voter id, Crawford, and overseas and military voting....
Posted in Election Law on May 21, 2009 11:09 AM
With speculation continuing to swirl about the possibility that President Obama will nominate Judge Diane Wood of the Seventh Circuit to the Supreme Court, I thought I would take a look at some of the judge's opinions in the field...
Posted in Election Law on May 20, 2009 05:09 PM
Initial Thoughts on Franken's Minnesota Supreme Court Brief
I have now had a chance to give a quick first read to Al Franken's Respondent's Brief in the Coleman-Franken U.S. Senate contest. (The brief is available here). My initial thoughts on Coleman's opening brief are here. Coleman's reply brief...
Posted in Election Law on May 11, 2009 02:53 PM
"Inventing the Right to Vote in Crawford v. Marion County Election Board"
Thomas Basile has written this case note for the Harvard Journal on Law and Public Policy....
Posted in Election Law on April 5, 2009 02:42 PM
Philip Peisch has written a quite good student note, Procurement and the Polls: How Sharing Responsibility for Acquiring Voting Machines Can Improve and Restore Confidence in American Voting Systems for the Georgetown Law Journal. It offers a nuanced defense of...
Posted in Election Law on March 31, 2009 09:43 PM
You can find the opinion in Common Cause/Georgia v. Billups here. See also this AP report....
Posted in Election Law on January 14, 2009 03:03 PM
Some Additional Thoughts on Ohio Republican Party v. Brunner
Following up on this post, I have now had a chance to quickly read through the en banc court's set of opinions. I have the following initial thoughts: 1. Assuming no further action, what are the practical results of this...
Posted in Election Law on October 14, 2008 04:26 PM
Jonathan Alter has written this Newsweek column. And if we are 53 days before the presidential election, it must be time for John Fund to rev up his mostly unsubstantiated and exaggerated claims of voter fraud again....
Posted in Election Law on September 12, 2008 08:02 AM
"U.S. District judge upholds Arizona's voter ID law"
AP offers this report. I have posted the district court's findings of fact and conclusions of law here. The inevitable appeal of this case is going to present important questions about citizenship requirements for voting to the Ninth Circuit, issues...
Posted in Election Law on August 21, 2008 09:08 AM
Is the Right to Vote Really Fundamental?
That's the question posed by Joshua Douglas in this draft article, to be published in the Cornell Journal of Law & Public Policy. From the abstract:The answer, surprisingly, is not always.... This article first identifies the inconsistent approaches to how...
Posted in Election Law on July 11, 2008 10:34 AM
"About Face: A tool of the civil rights movement is increasingly unwelcome in the high court"
David Savage has written this article in ABA Journal, discussing the Crawford and Washington Grange cases, among others. My similarly-titled article, making many of these points, was written after the Grange but before Crawford, anticipating the Crawford as applied holding....
Posted in Election Law on July 7, 2008 07:09 AM
Indiana Lawyer offers this update. You can find the complaint, brought under the Indiana State Constitution, at the Indiana Law Blog. Indiana Secretary of State Todd Rokita issued a press release, which reads in pertinent part: "This lawsuit will result...
Posted in Election Law on June 20, 2008 02:51 PM
Gerken and Bauer respond to Elmendorf on Carter-Baker and Crawford. Pam Karlan justifiably smacks down Rick Hills on his criticism of the lawyering in Riley....
Posted in Election Law on June 5, 2008 07:20 AM
L. Paige Whitaker has written this report for the Congressional Research Service....
Posted in Election Law on June 4, 2008 08:04 AM
Elmendorf on Carter-Baker and Crawford
Here....
Posted in Election Law on June 3, 2008 10:19 AM
"The Carter-Baker Commission on Voter I.D.: Bauer and Gerken Respond"
Heather Gerken and Bob Bauer have posted this reponse to Thursday's comments by Bob Pastor regarding Crawford's reliance on the Carter-Baker Commission Report. Here are a couple highlights:We remain convinced that the public deserved something better than what the Carter-Baker...
Posted in Election Law on June 1, 2008 06:34 AM
Pastor Comments on the Carter-Baker Commission and Crawford
Bob Pastor of American University's Center for Democracy and Election Management, who served as Executive Director of the Carter-Baker Commission, offers the following comments. (I've added links to sources he references).After the Supreme Court decision on Crawford, there were a...
Posted in Election Law on May 29, 2008 06:59 AM
"Bush v. Gore Rears Its Head: The Politicization of Voting Rights"
Shahid Buttar has Part I of III on the Huffington Post, commenting on the Crawford v. Marion County decision upholding Indiana's voter ID law....
Posted in Election Law on May 28, 2008 04:46 AM
Why Wasn't the Voter ID Decision 5-4?
Linda Greenhouse has some thoughts on Crawford and other cases this term....
Posted in Election Law on May 22, 2008 04:20 PM
The Supreme Court Sleeper Case of the Term?
The Supreme Court this term has already decided a significant case on voter identification, as well as two somewhat less significant decisions on party primaries and judicial elections. It also has a campaign finance case pending, surrounding the "Millionaire's Amendment"...
Posted in Election Law on May 15, 2008 10:55 AM
Justice Stevens Tacking Back to the Center?
So suggests this AP report mentioning the Crawford case....
Posted in Election Law on May 10, 2008 07:03 PM
Post-Crawford Movement on Voter ID in the States
There's a nice summary paragraph in "Election Reform News This Week" in the new Electionline weekly. Note that the beginning of the newsletter provides details on how current and new subscribers can sign up under a new procedure to receive...
Posted in Election Law on May 8, 2008 01:42 PM
Vik Amar has written this Findlaw piece. Key quote: "It doesn't take a genius to see that relegating plaintiffs to 'as applied' challenges in these kinds of cases doesn't really leave them with much." Tokaji on Elmendorf on Crawford on...
Posted in Election Law on May 8, 2008 08:36 AM
"Judicial Review of Electoral Mechanics After Crawford"
I've been anxiously awaiting this analysis from Chris Elmendorf. Very interesting indeed....
Posted in Election Law on May 6, 2008 08:10 AM
Erwin Chemerinsky on the Crawford Decision
See this editorial in the News and Observer newspaper (North Carolina)....
Posted in Election Law on May 5, 2008 08:35 AM
Why Tuesday has this video post (which includes an interview with me) on the Crawford decision. It is also posted at NPR's Soapbox Sunday. UPDATE: Here is an excerpt on NPR's Weekend Edition....
Posted in Election Law on May 3, 2008 08:45 PM
Amitai Etzioni on the Crawford Decision
See here....
Posted in Election Law on May 2, 2008 03:00 PM
More Crawford News and Commentary
Justin Levitt searches for a silver lining (wearing his most rose-colored glasses, in my opinion); see also Justin's posts here and here) An alternative newspaper in Indianapolis finds someone who might make a good as applied plaintiff. Doug Chapin has...
Posted in Election Law on May 1, 2008 11:50 AM
This Roll Call editorial ($) weighs in on what Congress should do in light of Crawford....
Posted in Election Law on April 30, 2008 09:01 AM
"Reid Makes New Offer on FEC, Insists on Having Six Commissioners"
If this BNA report is to be believed, the GOP is ready to throw von Spakovsky overboard. Just when he's argued his positions taken at DOJ have been vindicated by the Supreme Court's decision in Crawford....
Posted in Election Law on April 30, 2008 08:59 AM
More Articles and Commentaries on Crawford
Check out this second NPR report by Nina Totenberg. I was struck by the comments of both Rick Pildes and Pam Karlan. I disagree with both of them, but would want to hear more from them on their points. (As...
Posted in Election Law on April 30, 2008 08:54 AM
I did this interview on KPCC's Air talk and I'm scheduled to be on tomorrow's Bryant Park Project....
Posted in Election Law on April 28, 2008 08:42 PM
Here are some stories and commentaries on today's decision: NY Times (Linda Greenhouse),The Times' Ian Urbina (whose story with Eric Lipton on fraud was cited by the Court) and this NY Times editorial (which cites my earlier blog post) Washington...
Posted in Election Law on April 28, 2008 08:35 PM
Initial Thoughts on the Supreme Court's Opinion in Crawford, the Indiana Voter Identification Case
Today's much anticipated decision in Crawford v. Marion County Election Board is a significant win for those who support stricter voter identification laws, even if they support such laws for partisan purposes. It will encourage further litigation, because it relegates...
Posted in Election Law on April 28, 2008 08:17 AM
Could it be that the Supreme Court issues its opinion in Crawford, the Indiana voter id case, tomorrow? Last week it released two tax opinions on April 15 and it released its lethal injection death penalty case on the day...
Posted in Election Law on April 21, 2008 09:14 AM
You can find the very important 2-1 decision and dissent here. Though this is a ruling nominally on a preliminary injunction, it decides the legal issue in a way that clearly would apply to a final ruling on the merits...
Posted in Election Law on April 4, 2008 07:59 AM
"State ballot could pit two from same party"
The Seattle Times offers this report on yesterday's Supreme Court ruling in the Washington primary case. Howard Bashman has more links. Bob Bauer asks what happened behind the curtain to explain the result at the Supreme Court. I don't think...
Posted in Election Law on March 19, 2008 06:54 AM
See this story in the Indianapolis Star. Thanks to Robbin Stewart for the pointer....
Posted in Election Law on February 18, 2008 12:48 PM
Bob Pastor Responds to My Carter-Baker Oped Criticism
Following up on this post, I received the following email from Bob Pastor which he asked me to post on my blog: The "Voter ID Study" that we recently published as a report (see www.american.edu/ia/cdem), and which Rick Hasen has...
Posted in Election Law on February 4, 2008 10:23 PM
New Carter-Baker Oped on Voter IDs
You can find the NY Times piece here. I share the sentiment that the Supreme Court should move beyond partisanship in the Crawford (Indiana voter ID) case. But I am troubled by a number of things about the oped, including...
Posted in Election Law on February 3, 2008 09:58 PM
The Hayward-Becker Debate on Voter ID
The Federalist Society's website features the latest round from this debate-in-progress between Allison Hayward and Dave Becker regarding voter ID and the Crawford v. Marion County case....
Posted in Election Law on January 28, 2008 12:02 PM
'On Lopez Torres and Line Drawing"
Chris Elmendorf has written this commentary for Election Law@Moritz. It concludes: "If so, this is of considerable moment for lawyers and judges struggling to apply the Storer-Burdick framework for judicial review of electoral mechanics in new contexts (think voter ID)....
Posted in Election Law on January 22, 2008 01:19 PM
Supreme Court Unanimously Reverses in Lopez-Torres, Upholding NY Primary System for Choosing Judges
The opinions are here. Justice Scalia wrote for the Court; Justice Stevens, along with Justice Souter, concurred and offered a one-paragraph addendum which concludes: "I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: 'The Constitution does not...
Posted in Election Law on January 16, 2008 07:22 AM
"A Supreme Court Reversal: Abandoning the Rights of Voters"
Adam Cohen has written this Editorial Observer column in the NY Times on the Crawford voter id case....
Posted in Election Law on January 15, 2008 05:47 AM
Hayward and Becker Debate Crawford Case at Federalist Society Website
See here....
Posted in Election Law on January 14, 2008 08:39 AM
More Opeds on the Crawford case
Sylvia Smith Greg Palast Dan Carpenter Cynthia Tucker Todd Rokita...
Posted in Election Law on January 13, 2008 10:12 PM
Tony Mauro Interviews Paul Smith About His Oral Argument in Crawford
It is here in Legal Times. Mauro also talks to Smith's partner, Don Verrilli....
Posted in Election Law on January 13, 2008 10:03 PM
Tova Wang Responds to Thor Hearne's USA Today OpEd on Crawford
See here. See also Garrett Epps' article in The Nation. Meanwhile, newspapers continue to editorialize on the case, with opinions ranging from the view that the law is hardly onerous to the view that it is a modern day poll...
Posted in Election Law on January 11, 2008 06:02 AM
I believe it is fair to say that that is widespread consensus, if not unanimity, among academics (even those who think Indiana's law is (or likely is) constitutional) that impersonation voter fraud is not a problem. There are voter fraud...
Posted in Election Law on January 10, 2008 09:34 AM
More Crawford Oral Argument Analyses: UPDATED
NPR; Mike Pitts; NY Times; Washington Post; USA Today; LA Times; Dahlia Lithwick (Slate); Wall Street Journal; Legal Times; Bob Bauer; Orin Kerr (and here)....
Posted in Election Law on January 9, 2008 04:43 PM
The Indiana Voter ID Case: Bush v. Gore All Over Again?
I have now had a chance to review the transcript in Crawford, the Voter ID case argued in the Supreme Court today, as well as a number of reports from oral argument. We are likely looking at another conservative-liberal split...
Posted in Election Law on January 9, 2008 01:21 PM
Oral Argument Transcript in Crawford Now Available
See here....
Posted in Election Law on January 9, 2008 12:20 PM
Still More on Crawford Oral Argument
Chris Elmendorf sent the following thoughts to the Election Law listserv, and he's given me permission to reprint his very important comments here: I too attended oral argument this morning. Two aspects of the dialogue were striking. First, Paul Smith...
Posted in Election Law on January 9, 2008 12:18 PM
More Reports on Oral Argument in Crawford
Don't miss Ned Foley's recap. See also LA Times Washington Post Allison Hayward Lyle Denniston's updated post. Dan Tokaji prepared this pre-argument podcast. We are still waiting for the transcript to be released....
Posted in Election Law on January 9, 2008 11:58 AM
AEI-Brookings Preview of Crawford Case
A transcript is available here....
Posted in Election Law on January 9, 2008 08:42 AM
News: Chicago Tribune; Christian Science Monitor; Bashman links here and here; ScotusWiki. And don't miss this story, which begins: "On the eve of a hearing before the U.S. Supreme Court, the Indiana Voter ID law has become a story with...
Posted in Election Law on January 9, 2008 07:37 AM
You can hear the discussion on PRI's "To the Point" at this link. The discussion begins 7 minutes into the program. The host, Warren Olney, really pressed Secretary Rokita on the evidence of voter fraud to support a voter id...
Posted in Election Law on January 8, 2008 01:26 PM
More Crawford (Voter ID) News Stories and Commentary
News stories: McClatchy; Bloomberg. Editorials and commentaries: Marie Cocco; USA Today, with a response by Thor Hearne (yes, that Thor Hearne); Los Angeles Times; Bob Bauer. I am scheduled to appear on PRI"s To the Point later today to talk...
Posted in Election Law on January 8, 2008 07:34 AM
Articles and Commentaries on the Crawford Case
See the latest news stories in the New York Times; USA Today; The New Yorker; Wall Street Journal; (more to come). UPDATE: Los Angeles Times; Indianapolis Star; NPR (more to come promised from NPR). Doug Chapin and Ray Martinez have...
Posted in Election Law on January 6, 2008 10:35 PM
The State of the Supreme Court's Election Law Docket
The Supreme Court returns from its winter break next week, and on Wednesday, January 9, the Court will hear argument in Crawford, the Indiana voter identification case. (Paul Smith will argue for the petitioners, Thomas Fisher of the Indiana AG's...
Posted in Election Law on January 4, 2008 04:58 PM
Elmendorf on the Crawford Case
Chris Elmendorf has posted Undue Burdens on Voter Participation (Is the Right to Vote Like the Right to an Abortion?) on SSRN (forthcoming, Hastings Constitutional Law Quarterly). Here is the abstract: During October Term 2007, the Supreme Court will hear...
Posted in Election Law on January 4, 2008 02:17 PM
Video of ACS Briefing on Crawford Voter ID Case Now Available
See here....
Posted in Election Law on January 4, 2008 09:10 AM
"U.S. Supreme Court Case on Merits of Photo ID Law Is Previewed in Election Law Journal"
The Election Law Journal has issued this press release about its release of the uncorrected page proofs of this must-read case preview of the Crawford Indiana voter id case written by Ned Foley. Information on subscribing to ELJ is here....
Posted in Election Law on January 3, 2008 10:32 AM
The former controversial Ohio Secretary of State has penned this oped in the NY Sun. Among the statements made by Sec. Blackwell: "Briefs in the case show that the number of votes cast in Wisconsin in 2004 exceeded the number...
Posted in Election Law on January 3, 2008 06:53 AM
Here are some interesting articles, posts, and links that appeared since I took my blogging break. Voter ID: AP offers Voter ID Law Heads to Court. A snippet: "Even without an ID, indigent people can cast provisional ballots, then show...
Posted in Election Law on January 1, 2008 08:49 PM
"Partisan Fissures Over Voter ID; Justices to Hear Challenge to Law"
The Washington Post offers this front page report on Crawford, the Indiana voter id case. Disclosure: I filed this amicus brief supporting the petitioners in this case....
Posted in Election Law on December 24, 2007 09:15 PM
Indiana Democrats File Reply Brief in Crawford (voter ID case)
You can find the brief here. The remaining brief is the ACLU's reply brief. Oral argument is January 9. UPDATE: Here is the ACLU brief....
Posted in Election Law on December 21, 2007 07:38 AM
The AEI-Brookings Election Reform Project will have this interesting event on January 7, two days before oral argument in Crawford....
Posted in Election Law on December 19, 2007 08:42 PM
Bush Administration Makes Bigger Push on Voter ID
I've already blogged about the DOJ's decision to support Indiana's voter id law, the strictest one in the nation, through filing an amicus brief supporting Indiana. In the mail today I received a copy of a motion the SG has...
Posted in Election Law on December 18, 2007 09:19 AM
See here. Doesn't this show that absentee ballots (being offered by the state as an alternative to polling place voting to indigent and other voters lacking id) is not an adequate substitute for polling place voting? [Disclosure: I filed a...
Posted in Election Law on December 15, 2007 09:10 AM
Republicans Apparently Have Dropped Voter Fraud Allegations in Muncie, Indiana Recount
See here. See also here, which begins: "Ninety percent of the voter fraud cases that came out of East Chicago in 2003 have been successfully prosecuted, Indiana Attorney General Steve Carter said Wednesday." I get the sense that there is...
Posted in Election Law on December 13, 2007 06:27 AM
Paul Gronke on DOJ Amicus Brief in Crawford
See here....
Posted in Election Law on December 12, 2007 10:07 AM
One More Amicus Brief in Crawford
Following up on this post the Lawyers Democracy Fund has filed this amicus brief in the Indiana voter id case. It does not yet appear on the Brennan Center's otherwise comprehensive Crawford page....
Posted in Election Law on December 11, 2007 04:02 PM
You can find the brief here. This time the "evidence" of voter fraud comes from statements of members of Congress (see brief at 15-17), most of them related to unproven anecdotes of voter fraud as well as types of voter...
Posted in Election Law on December 11, 2007 09:03 AM
You can find the amicus brief of these states here. Am I correct that all of the state attorneys general (listed on page 2 of the pdf) are Republicans? [Disclosure: I have filed an amicus brief supporting petitioners in this...
Posted in Election Law on December 7, 2007 03:33 PM
Is the American Center for Voting Rights Making a Comeback?
See here. Perhaps Hearne is filing the brief in Crawford for another party. I had surmised on Monday that the Lawyer Defense Fund was going to pick up where ACVR left off....
Posted in Election Law on December 6, 2007 05:59 AM
Another Anonymous Article Defending Laws Against Voter Fraud
This one is by "Wright Talley," " the pen name of a long-time congressional employee." Why is it that these arguments are being made anonymously? If they are credible arguments, let's hear who is making them. (The most famous instance...
Posted in Election Law on December 4, 2007 10:47 AM
State Files Brief in Crawford, the Indiana Voter ID Case
Here is the state's brief on the merits. You can find a post about respondent Marion County's merits brief (which actually supports petitioners) here. (Disclosure: I filed this amicus brief supporting petitioners in this case)....
Posted in Election Law on December 3, 2007 10:18 AM
One of the Respondents in the Indiana Voter ID Case Files Supreme Court Brief Supporting Petitioners
Interesting developments in the Indiana voter id case before the Supreme Court (Crawford). I have uploaded the brief of the Marion County Election Board here. The brief supports the position of the petitioners and some amici (including the position in...
Posted in Election Law on December 1, 2007 07:53 AM
Brad Smith and Ned Foley debate the Crawford case here at PENNumbra, the Penn Law Review's online companion. Ned will soon have a more extensive Election Law Journal case preview on the case. (Disclosure: I filed an amicus brief in...
Posted in Election Law on November 27, 2007 06:15 AM
"The Most Important Election Case Since Bush v. Gore?"
Steven Rosenfeld has written this article for AlterNet on Crawford, the Indiana voter identification case....
Posted in Election Law on November 20, 2007 04:10 PM
Oral Argument in Crawford, the Indiana Voter ID Case, Set for January 9
See here....
Posted in Election Law on November 16, 2007 12:05 PM
Election Law Journal 6:4 Now Available; Preview of ELJ 7:1
You can find the table of contents for Election Law Journal 6:4 here. Look for ELJ 7:1 in January, featuring Frisina, Herron, et al. on the FL-13 undervote controversy, David Canon on the aftermath of Georgia v. Ashcroft, Ethan Leib...
Posted in Election Law on November 15, 2007 09:57 PM
At Least 23 Amicus Briefs Filed in Support of Petitioners in the Indiana Voter ID Case, Crawford
You can find the collection of briefs here. There are a number of notable briefs, including this brief from the Brennan Center, Demos, Lori Minnite, Project Vote and PFAW on the absence of evidence of impersonation voter fraud; this brief...
Posted in Election Law on November 14, 2007 09:12 AM
"The Supreme Court, Face to Face with the Politics of Voter ID"
Bob Bauer has written this new post. (Disclosure: I've filed a brief supporting petitioners in this case.)...
Posted in Election Law on November 9, 2007 08:51 AM
My Amicus Brief in the Crawford Voter ID Case Now Available
Along with my co-counsel, Alan Glickman and Kristie Blase of Schulte Roth & Zabel, I've written this amicus brief (pro bono, on my own behalf) in Crawford v. Marion County Election Board, the Indiana Voter ID case. I've posted the...
Posted in Election Law on November 8, 2007 03:25 PM
Top Side Merits Briefs in Crawford, the Indiana Voter ID Case
You can find the brief of the Indiana Democratic Party here. I will post the ACLU brief when I receive permission to post it. UPDATE: It is here. Under new Supreme Court rules, amicus briefs are due 7 days after...
Posted in Election Law on November 5, 2007 09:45 AM
Stanford Law Review Posts Final Version of My Article, "The Untimely Death of Bush v. Gore"
Via this link to Vol. 60, Issue 1 of the Stanford Law Review, you can find this pdf of the final version of my article, "The Untimely Death of Bush v. Gore," 60 Stanford Law Review 1 (2007). Part III...
Posted in Election Law on November 1, 2007 08:54 AM
Election Law Petition to Watch: City of Modesto v. Sanchez
Tom Goldstein of SCOTUSBlog maintains a Petitions to Watch page at SCOTUSwiki, corresponding to his Legal Times column listing cases he thinks "are leading candidates for Supreme Court review or that raise significant national issues." Tom's got a very good...
Posted in Election Law on October 8, 2007 12:21 PM
"The Supreme Court and Election Law: In Search of Doctrinal Specificity"
Ned Foley has posted this commentary [corrected link] at EL@M. It begins: The Supreme Court opened its term yesterday with an election law case, Washington State Grange v. Washington, and it will hear oral argument in another one tomorrow, New...
Posted in Election Law on October 2, 2007 11:28 AM
More News and Commentary on Supreme Court Voter ID Decision
Though the Court just granted cert. last week, the Indiana voter id case has become one of the most talked-about cases on the new October docket. Writing in the New York Times, Linda Greenhouse notes the danger of the cert...
Posted in Election Law on October 1, 2007 08:51 AM
Breaking News: Supreme Court Grants Cert in Indiana Voter Identification Case
As I urged in this Washington Post oped and as discussed in Adam Liptak's "Sidebar" column yesterday, the Supreme Court has granted cert in the Indiana voter identification case, Crawford. You can find the Court's order here. I see this...
Posted in Election Law on September 25, 2007 07:13 AM
"Fear but Few Facts in Debate on Voter I.D.'s"
Adam Liptak's "Sidebar" column discusses the Crawford Indiana voter id case case, which was the subject of my Washington Post oped last week. Though the Justices are expected to announce cert. grants on Tuesday, it would not surprise me if...
Posted in Election Law on September 23, 2007 09:08 PM