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14 Dec 2020, 5:23 am by Derek T. Muller
And this is the part of the concurring opinion where Justice Neil Gorsuch, the only other justice who joined part of Justice Thomas’s approach, did not join.Here’s what Justice Elena Kagan (for eight justices) had to say about the clause:Article II, § 1’s appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint. [read post]
13 Feb 2013, 8:43 am by Daniel Tokaji
  For example, in Ex Parte Siebold (1879), the Court upheld a federal statute enacted a few years after the Civil War, entitled “An Act to enforce the right of citizens of the United States to vote in the several States of this Union,” under which petitioners were convicted of ballot-box stuffing. [read post]
20 Jul 2013, 11:55 am by JB
It now becomes easier for Congressmen and Senators to resist passing a new version of the VRA on the grounds that the Court has declared parts of the old version unconstitutional. [read post]
19 Jul 2020, 4:30 pm by Dennis Crouch
Madison, 5 U.S. 137 (1803), and Ex parte Siebold, 100 U.S. 371, 376 (1880)). [read post]