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The Constitution Needed a Judicial Assist

Edward B. Foley - Posted on June 29, 2015, 2:32 pm

“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.

Tokaji's Testimony re Ohio's Initiated Constitutional Amendment Process

Daniel P. Tokaji - Posted on June 23, 2015, 2:28 pm

The following written testimony was submitted to the House Government Oversight and Accountability Committee for a June 23, 2015, hearing on the proposed amendment to Ohio's initiated constitutional amendment process. I sympathize with the goals of Sub. H.J.R. 4 but, for the reasons stated more fully below, oppose the proposal in its present form. Its vague and ambiguous language is an invitation to judicial lawmaking and would do more harm than good if adopted.

NC Supreme Court Recount Could Be Legal Focal Point

Edward B. Foley - Posted on November 5, 2014, 8:21 am

One to watch very closely.

Imperfect Remedies for Election Problems

Steven F. Huefner - Posted on November 4, 2014, 7:05 pm

Extending voting hours in response to polling place irregularities may be appropriate, but is far from ideal.

Could New Voting Restrictions Determine Control of the Senate?

Daniel P. Tokaji - Posted on November 4, 2014, 2:15 pm

All eyes tonight – and quite possibly afterwards – will be on which party will control the Senate. The latest polling suggests that it will come down to eight states.   Four of those states have seen litigation over voting rules or practices this year: North Carolina, Georgia, Kansas, and Iowa.  All of these cases involve voter registration.  The courts stopped restrictions in Kansas and Iowa, but ultimately declined to do so in North Carolina and Georgia. This comment considers the possibility that voting restrictions – or court orders stopping them – could make the difference.


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