Topic
Election Law
Posts
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ArticleVol. 102 · Iss. 6
Foreword: The Curiously Minor Role of Minor v. Happersett
This symposium marks the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment’s Privileges or Immunities Clause…
Susan Frelich Appleton, Travis Crum & Hannah Keidan -
ArticleVol. 102 · Iss. 6
History, Tradition, and the Franchise
Over the last several years, Fourteenth Amendment jurisprudence in the Supreme Court has undergone a dramatic shift. Once the doctrinal bedrock for unenumerated rights,…
Brandon J. Johnson -
ArticleVol. 102 · Iss. 6
Minor v. Happersett and the Repudiation of Universal Suffrage
Nearly 150 years ago, Minor v. Happersett rejected a constitutional challenge to a Missouri law that excluded women from the electorate. Ratification of the…
Ellen D. Katz -
ArticleVol. 102 · Iss. 6
Democratic Change, Fast and Slow: Navigating Tensions in Pro-Abortion Organizing
Minor v. Happersett rejected a vision of robust constitutional protection for “privileges and immunities” of national citizenship and consigned vital rights to state political…
Kathryn Abrams -
ArticleVol. 102 · Iss. 6
Transgender Disenfranchisement
Transgender and gender variant people are excluded from formal democratic participation at the polls through a variety of legal mechanisms. Such barriers include purportedly…
Scott Skinner-Thompson -
Online2025
Recovering from Rucho: How States Can Create National Partisan Fairness
Rucho v. Common Cause and the failure to pass H.R. 1 have left national gerrymandering reform on life support. At present, however, states committed to…
James Piltch & Aaron Goldzimer -
Online2022
The War Chest Problem: Why Transferring Unspent Campaign Funds Violates The First Amendment
In an ideal world, political candidates would raise the exact amount of funds they would need to mount a winning campaign in the current…
Steven Davis -
ArticleVol. 88 · Iss. 6
Concerning the Japanese Public’s Evaluation of Supreme Court Justices
The Article focuses on the author’s views concerning the decision of the Japanese Supreme Court towards the election of members in the House of…
Tokuji Izumi -
CommentaryVol. 88 · Iss. 4
Constitutional Rights and Judicial Independence: Lessons from Iowa
As was true across the country, the elections held in Iowa this past November were tough on incumbents. In Iowa, however, it was not…
Ian Bartrum -
NoteVol. 95 · Iss. 1
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Although…
J. Pierce Lamberson -
ArticleVol. 92 · Iss. 3
(Mis)Trusting States to Run Elections
Recent Supreme Court election law jurisprudence reflects an unspoken, pernicious trend. Without identifying a specific new rule, the Court has been unjustifiably deferring to…
Joshua A. Douglas -
NoteVol. 91 · Iss. 2
Reading the Tea Leaves: The Supreme Court and the Futureof Coalition Districts Under Section 2 of the Voting Rights Act
Every ten years, state legislatures or specially designated commissions convene to redraw legislative district lines that comport with new census data in a process…
Lauren R. Weinberg