Pennsylvania should prepare itself for the kind of “voting wars” litigation that Ohio has experienced in recent years, including a claim that the state’s current opportunities to cast a ballot impose a disproportionate burden on the state’s African-American voters.
Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it. This comment argues that the most promising avenue is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."
I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release.
“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.
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