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Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley - Posted on April 1, 2019, 9:04 pm

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

The Gerrymandering Cases

Edward B. Foley - Posted on March 13, 2019, 1:19 pm

A memo analyzing the First Amendment and Article I issues, explaining why the latter is the better basis for judicial review of congressional gerrymanders.

The Perils of Voting by Mail

Steven F. Huefner - Posted on December 9, 2018, 10:16 pm

Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

Counting Ballots Pursuant to Law is Not Stealing an Election

Steven F. Huefner - Posted on November 9, 2018, 5:59 pm

Our election systems are deliberately designed to require careful counting of many additional ballots for several days after unofficial results are announced on Election Night. Any effort to undermine this essential part of the vote counting process is antithetical to our system of representative democracy and irresponsible. 

A Special Master for the Cohen Case?

Edward B. Foley - Posted on April 16, 2018, 9:51 pm

There should be a strong presumption against special treatment just because the president is involved. 


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