Professor @WisconsinLaw. Faculty Co-Director State Democracy Research Initiative (@UWLawDemocracy). Election law, federal & state courts. Affable recluse.
The Wisconsin Supreme Court’s 2022-23 term just ended, playing out quietly amid a heated judicial election—and revealing clues about the court’s work in the year to come. Read our review of this term (and preview of the next) here: https://t.co/JixTgCeCKU
Bottom line: Moore seems to give litigants an opening to argue in federal court that a state court has overreached, but as the doctrine now stands, Purcell will limit federal court interventions as an election nears. 2/2
A few thoughts from me here on the potential interplay between Moore v. Harper and the Purcell principle (which discourages federal courts from altering election rules in the run up to an election). 1/2
Gerrymandering has been a major issue in the Wisconsin Supreme Court race. On @WPR, Faculty Co-Director @RobYablon discusses what the election might mean for the state's electoral maps.
Behind the NY Senate committee's historic rejection of Gov. Hochul's Chief Judge nominee is a story about norms in judicial selection. As attention shifts to state courts, understanding these norms and how they change is essential.
https://t.co/jneJQWS9tf
Ohio’s lame duck General Assembly is considering a proposal (HJR6) that would leave Ohio with one of the nation’s most restrictive initiative systems.
Our full analysis here: https://t.co/2arfQXwL2c
Thread 👇1/
Hot off the presses: @WisLRev Special Issue on Interpretation in the States! Questions about state constitutional/statutory/regulatory interpretation often fly under the radar, even as so many important cases are being decided by state courts. https://t.co/j5gXBt2DWG More ⬇️1/
Today we filed an amicus brief of state constitutional law scholars in Moore v. Harper, the big SCOTUS case on the “independent state legislature” theory. A quick 🧵 on the case and our brief ⬇️. https://t.co/fhuNsMlmA1 1/8
I'm excited to moderate this event on direct democracy tomorrow -- featuring Illinois Law dean @Prof_Amar, @BallotStrategy executive director @Fieldsy, and Stanford professor Bruce Cain, co-hosted with @ElectionsCenter. Join us in person or online!
🔎Moore v. Harper has gotten the spotlight, but this week the NC Supreme Ct will hear two other election cases: one on NC’s voter ID law & one (an extension of Moore) on the state’s electoral maps. Explainers here: https://t.co/jABB95USvQ & https://t.co/4lNHIvMA7e (1/13)
Breaking news from Michigan: The MI Supreme Court in a 5-2 decision ordered the “Reproductive Freedom For All” measure to be placed on the ballot after the Board of State Canvassers deadlocked last week over alleged spacing issues in the text of the proposal. Thread below. 1/7
WI Supreme Court today hears the first arguments of its 2022-23 term. The lead-off case raises important questions about how the WI constitution gets amended. Our summary ⬇️
Did WI voters know what they were getting in 2020 when they approved Marsy’s Law, a constitutional amendment protecting crime victims' rights? The state supreme court will consider this Tuesday in the term’s first argument. 🧵below. Explainer here: https://t.co/9HWFqZptEV (1/8)
🧵 on direct democracy in Michigan: what happened and what's next after Board of State Canvassers deadlocked on whether two citizen-proposed amendments to MI Constitution qualify for fall ballot. (1/20)
‼️ Major NC Supreme Ct. opinion today--NC NAACP v. Moore. Court holds that NC’s constitution limits the power an unconstitutionally gerrymandered legislature to propose state constitutional amendments. Our explainer⬇️ 1/
Fascinating, important decision just out from the North Carolina Supreme Court: the state constitution limits the power of an unconstitutionally gerrymandered legislature to initiate amendments to the state constitution.
https://t.co/rMTup5Yf0F
Although some still think that it's possible to overturn the 2020 election results in Wisconsin, our affiliates @uwkenmayer and @RobYablon make clear for @WiStateJournal that it will never happen.
https://t.co/1XyFgOftKZ
Valuable attention to state legislatures this week, including @JaneMayerNYer on gerrymandering and unrepresentative policies and The Argument on antidemocratic statehouses. These phenomena are also important to legal doctrine /1 https://t.co/usb74TyEDd https://t.co/lPWcjjurSr