As ELB readers are aware, President Donald Trump pardoned Rudy Giuliani and others accused of election misconduct in the 2020 presidential election, especially surrounding disputes about slates of ...

Reckoning with the Undead Irreparable Injury Rule, Review of Litigation (forthcoming 2025), draft available, The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law ...

Read the unusual motion from SCOTUS-appointed amicus in the NRSC case to file a supplemental brief on jurisdiction after oral argument.

This week the Washington Post reported that the ultimately successful effort to release the Epstein files started many months ago with a text exchange between Representatives Thomas Massie (Rep.) and ...

I also have no idea whether there’s any merit in DOJ’s racial gerrymandering challenge to California’s redistricting via Prop. 50. Assessing those claims would require development of a full factual ...

What can be done? As I explained more fully in an August guest commentary in the New York Times, states, the courts, and ultimately the American people must serve as the bulwarks against. In this ...

New polling from NPR/Marist aligns with much of what we are seeing in other polling: Trump’s approval rating is now below 40% and Democrats appear to have an edge in the midterm. But what is more ...

WSJ: When Harmeet Dhillon, the Justice Department’s top civil-rights attorney, sent a letter this summer telling Texas officials that their congressional map was unconstitutional, it set off a ...

Montana Supreme Court, over two dissents, sided with Montanans for Nonpartisan Courts, finding that the Montana Attorney General “went too far in editing ballot language for an initiative calling for ...

NC Newsline’s the Pulse reports on oral arguments yesterday before a federal three-judge panel in Winston-Salem, NC, with respect to the NAACP and Common Cause’s challenge to the newly drawn ...

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 ...

I have no view at this stage whether the majority is correct that six districts in Texas’s re-redistricting are unconstitutional racial gerrymanders. The dueling opinions are long; the issues are ...