Cornell Law professor Michael C. Dorf comments on the Supreme Court’s decision in Allen v. Milligan, in which Chief Justice John Roberts, writing for a 5-4 majority of the Court, reaffirming a key precedent that allows Voting Rights Act (VRA) plaintiffs to sue to block legislative redistricting maps that have the effect of diluting minority voting strength. Professor Dorf expresses optimism that this decision might signal that the Chief Justice and Justice Brett Kavanaugh, the only Republican-appointed Justice who joined the majority, are not moving ideologically to the right as radically as their other colleagues on the Court.
Cornell Law professor Michael C. Dorf comments on the U.S. Supreme Court’s decision last week in Brnovich v. Democratic National Committee, in which the Court upheld along ideological lines two Arizona voting laws, one of which restricted who could collect mail-in ballots and the other of which invalidated votes mistakenly cast in the wrong district. Professor Dorf argues that even if the bottom line in Brnovich is correct, the legal analysis and the Court’s broad acceptance of Republican talking points about voter fraud portend ill for the future of American democracy.
In this second of a two-part series of columns, Illinois Law dean and professor Vikram David Amar evaluates the major constitutional and statutory voting rights claims asserted in the federal challenge to Texas’s use of the so-called Winner-Take-All approach to selecting the state’s representatives to the Electoral College. Amar explains why he finds both types of arguments set forth in the complaint largely unpersuasive.