During the litigation surrounding the 2020 election, the independent state legislature theory (ISLT) emerged as a potentially crucial factor in the presidential election. The ISLT rests on the Electors and Elections Clauses of the Constitution, which assign decisions about federal elections to state legislatures. Proponents of the ISLT, including Supreme Court Justices, assert that state constitutions’ substantive provisions cannot apply to state election laws governing federal elections; that state courts’ statutory interpretations of such laws must be rigidly textualist and are reviewable, apparently de novo, by federal courts; and/or that delegations of decisionmaking authority to nonlegislative bodies may be limited, albeit in unspecifi...
The Supreme Court has had a difficult time in deciding how to handle the issue of partisan gerrymand...
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, ...
Increased partisanship, single-party control of state governments, and the rise of technology and “B...
During the litigation surrounding the 2020 election, the independent state legislature theory (ISLT)...
The litigation over the vote-by-mail process during the 2020 general election revealed that absentee...
Founded in 1949, amicus curiae Conference of Chief Justices (the “Conference”) is comprised of the C...
The presidential primary processes used by the two major parties misses opportunities to engage vote...
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politi...
Entire elections can be determined by the way a state judge chooses to interpret an election statute...
To improve the current process and eliminate the bitter nature of confirmation hearings, Senators sh...
For only the third time in the nation’s history, the decade of the 2020s begins with impeachment of ...
In conclusion, the opinion of the Court in Chiafalo sets a dangerous precedent. The Court gave the s...
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politi...
Some scholarship and political experts describe voter ID laws as a form of voter suppression because...
It is a well-established rule that constitutional constraints governing public entities do not exten...
The Supreme Court has had a difficult time in deciding how to handle the issue of partisan gerrymand...
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, ...
Increased partisanship, single-party control of state governments, and the rise of technology and “B...
During the litigation surrounding the 2020 election, the independent state legislature theory (ISLT)...
The litigation over the vote-by-mail process during the 2020 general election revealed that absentee...
Founded in 1949, amicus curiae Conference of Chief Justices (the “Conference”) is comprised of the C...
The presidential primary processes used by the two major parties misses opportunities to engage vote...
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politi...
Entire elections can be determined by the way a state judge chooses to interpret an election statute...
To improve the current process and eliminate the bitter nature of confirmation hearings, Senators sh...
For only the third time in the nation’s history, the decade of the 2020s begins with impeachment of ...
In conclusion, the opinion of the Court in Chiafalo sets a dangerous precedent. The Court gave the s...
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politi...
Some scholarship and political experts describe voter ID laws as a form of voter suppression because...
It is a well-established rule that constitutional constraints governing public entities do not exten...
The Supreme Court has had a difficult time in deciding how to handle the issue of partisan gerrymand...
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, ...
Increased partisanship, single-party control of state governments, and the rise of technology and “B...