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.

My student Matthew Cooke and I have written this piece for Slate. It begins: California Republicans, now joined by the Trump administration’s Department of Justice, have sued California in federal ...

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 ...

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 ...

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 ...

Texas cannot use its new congressional map for the 2026 election and will instead need to stick with the lines passed in 2021, a three-judge panel ruled Tuesday. The decision is a major blow for ...

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 ...

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 ...