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20 Jun 2018, 4:10 am by Edith Roberts
” Additional commentary and analysis come from Justin Levitt in an op-ed for The Washington Post, Richard Pildes in an op-ed for The New York Times, Mark Joseph Stern at Slate, Vann Newkirk at The Atlantic, Eric Segal in an op-ed for NBC News, Galen Druke at FiveThirtyEight, Carolyn Shapiro in an op-ed at The Hill, Thomas Mann at Brookings, Medium’s Flippable blog, Jeffrey Toobin at The New Yorker, and Walter Olson at the Cato Institute’s Cato at Liberty blog, who… [read post]
25 May 2018, 11:32 am
Contents include:Special Issue: Margin of Appreciation and Democracy: Human Rights and Deference to Political Bodies Shai Dothan, Margin of Appreciation and Democracy: Human Rights and Deference to Political Bodies Richard H Pildes, Supranational Courts and The Law of Democracy: The European Court of Human Rights Yuval Shany, All Roads Lead to Strasbourg? [read post]
22 May 2018, 7:57 am by Anthony Gaughan
Richard Pildes explained on Election Law Blog yesterday, it’s possible that Kennedy has only joined the conservatives in Gill for the purpose of dismissing the case on narrow standing grounds. [read post]
22 May 2018, 4:31 am by Edith Roberts
” At the Election Law Blog, Richard Pildes observes that after yesterday’s October-sitting opinion from Justice Neil Gorsuch, “it is most likely that Chief Justice Roberts is writing the opinion for the Court in [partisan-gerrymandering case Gill v. [read post]
17 May 2018, 4:26 am by Edith Roberts
At the Election Law Blog, Richard Pildes maintains that the partisan-gerrymanding cases currently before the court exhibit “much starker, more extreme records of partisan intent than in the two major prior cases from past decades,” and he “wonders whether a majority of the Court will find it so easy to permit all this to continue without any judicial constraint. [read post]
1 May 2018, 8:00 am by Howard Bashman
“The Oddity of the Oral Argument in the Texas Redistricting Cases”: Richard Pildes has this post at the “Election Law Blog. [read post]
1 May 2018, 4:14 am by Edith Roberts
At the Election Law Blog, Rick Pildes remarks that during oral argument in Abbott v. [read post]
27 Apr 2018, 4:26 am by Edith Roberts
” In an op-ed for The Washington Post, Richard Pildes explains why partisan gerrymandering, a practice challenged in two pending Supreme Court cases, “today is far more extreme and pervasive than in the past. [read post]
26 Apr 2018, 4:29 am by Edith Roberts
” At the Election Law Blog, Richard Pildes imagines a scenario in which “Justice Kennedy could still be line to write the  lead opinion in Gill [v. [read post]
25 Apr 2018, 8:10 pm by Howard Bashman
“Why Justice Kennedy Might Still Write the Court’s Opinion in the Wisconsin Partisan Gerrymandering Case”: Richard Pildes has this post at the “Election Law Blog. [read post]
29 Mar 2018, 4:00 am by Bob Bauer
This measure could supplement Richard Pildes’ proposal that Congress codify the Justice Department’s special counsel regulations. [read post]
26 Mar 2018, 4:31 am by Edith Roberts
” Also at the Election Law Blog, Richard Pildes suggests that “it’s  helpful to figure out whether the First Amendment challenge treats partisan gerrymandering more like racial gerrymandering or like racial vote dilution,” because “[d]oing so clarifies what the key elements of proof ought to be, what the nature of the asserted constitutional harm is, and what the consequences are likely to be from adopting one way or the other of understanding a… [read post]
21 Dec 2017, 4:35 am by Edith Roberts
Lamone, with election-law expert Richard Pildes. [read post]
12 Dec 2017, 4:19 am by Edith Roberts
In an op-ed for the Los Angeles Times, Richard Hasen suggests that “[d]eciding Gill and Benisek together would allow the court, in announcing a new partisan-gerrymandering rule, to say that sometimes the rule favors one party and sometimes it favors the other. [read post]
12 Oct 2017, 7:22 pm by Mark Tushnet
I just finished reading a draft of a superficially interesting but deeply terrible article taking issue with the current wisdom, associated with Daryl Levinson and Richard Pildes's article, "Separation of Parties, not Powers," on the contemporary inaccuracy of Madison's "ambition counteracting ambition" account of how separation of powers works to protect against tyranny. [read post]
8 Aug 2017, 5:30 am by Michel Paradis
I am less sanguine than Pildes or Lederman that the constitutionality of removal protection is clear-cut. [read post]
23 May 2017, 3:15 am by Edith Roberts
” Ruthann Robson analyzes the opinion at the Constitutional Law Prof Blog, and at the Election Law Blog, Richard Pildes and Justin Levitt do the same here and here, respectively. [read post]