Associate Professor of Law, Washington University in St. Louis. Writing and Teaching about Voting Rights and Constitutional Law.
How does originalism work for constitutional amendments adopted during our lifetimes? A cert petition about the 26th Amendment, which prohibits age discrimination in voting and enfranchised Sotomayor and Roberts as teenagers, raises that question.
electionlawblog.org?p=142392
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I'm thrilled to announce that my next paper, The Riddle of Race-Based Redistricting, will be published in the Columbia Law Review! The paper reconciles vote dilution, racial gerrymandering, and Section 2 of the VRA by looking to the original meaning of the 14th and 15th Amendments.
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Hot off the presses!! The Unabridged Fifteenth Amendment has been published in the Yale Law Journal! The Article is a 123-page exploration of the Fifteenth Amendment's drafting and ratification, shining a spotlight on the forgotten Reconstruction Amendment.
www.yalelawjournal.org/article/the-...
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I'm a bit late to this year's law review submission season, but my latest article, the Riddle of Race-Based Redistricting, is finally off my plate. Fingers crossed!
I'll post it on @ssrn.bsky.social soon, but in the meantime, here's the abstract:
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In my new Election Law Blog post, I argue that Justice Alito embraced a retrogression standard reminiscent of Section 5 in his Coalition for TJ dissent. For why that's strikingly out of character and what it could mean for proving discriminatory intent, check it out:
electionlawblog.org?p=141598
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Check out my new Election Law Blog post about the Fifteenth Amendment's relevance to Section Three of the Fourteenth Amendment and Trump v. Anderson:
electionlawblog.org?p=141101
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Yesterday, the 8th Circuit held that private plaintiffs lack an implied-cause-of-action under Section 2 of the Voting Rights Act. But the 8th Circuit may not have had jurisdiction over the appeal. Check out my Election Law Blog post to find out why:
electionlawblog.org?p=139782
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