Voting Rights and Democracy
“John Roberts Just Told Congress How to Fix Bad Supreme Court Decisions”
David Gans in Slate on Allen v. Milligan as a template for the exercise of Congress’s power to enforce the Fifteenth Amendment more broadly that the Court construes it. I detect some tension between this piece and Rick Hasen’s one in Slate expressing concern that the Court may rollback Congress’s enforcement power based on the unresolved temporal argument that Justice Kavanaugh flagged in his key concurrence.
More from Voting Rights and Democracy
February 2, 2026
Forgotten Framers: Black Conventions and the Second Founding
79 Stan. L. Rev. __ (forthcoming 2027)
February 26, 2026
“Forgotten Framers: Black Conventions and the Second Founding”
David Gans of the Constitutional Accountability Center has posted his draft on SSRN, forthcoming in the Stanford...
U.S. Court of Appeals for the First Circuit
California v. Trump
In California v. Trump, the United States Court of Appeals for the First Circuit is considering whether President Trump’s executive order on voting is unlawful.
January 9, 2026
Supreme Court Gets New Warning in Pending Case
The Democratic National Committee has filed an amicus brief in the Supreme Court’s upcoming election law...
U.S. Supreme Court
Watson v. Republican National Committee
In Watson v. Republican National Committee, the Supreme Court is considering whether Mississippi may count absentee ballots that are postmarked by Election Day but received up to 5 business days later.
December 9, 2025
CAC Release: Major Campaign Finance Case Tests Court’s Willingness to Respect Congress’s Policy Judgments Aimed at Curbing Harmful Corruption
WASHINGTON, DC – Following oral argument at the Supreme Court this morning in National Republican...