Commentary & Opinion
Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.
By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.
It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. Read full post here.
These remarks were delivered at the Ohio Judicial Conference’s 50th anniversary celebration, on September 12, 2013, to honor the late Chief Justice Thomas Moyer. In light of the theme of reflecting on the differences in our legal system between 1963 and now, this talk focused on the Reapportionment Revolution that occurred a half-century ago, how it compares to the Progressive Era’s political reforms a full century ago, and how future generations will look back upon our time and the way in which we handle the current dysfunction of our political system. The talk specifically mentioned the Ohio Constitutional Modernization Commission, an inherently bipartisan body tasked with proposing political reforms for the state, and concluded with the observation that Tom Moyer would have wished for this Commission to succeed.
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