Supreme Court
WASHINGTON, DC - MARCH 26:  A Fair Maps Rally was held in front of the U.S. Supreme Court on Tuesday, March 26, 2019 in Washington, DC. The rally coincides with the U.S. Supreme Court hearings in landmark redistricting cases out of North Carolina and Maryland. The activists sent the message the the Court should declare gerrymandering unconstitutional now. (Photo by Sarah L. Voisin/The Washington Post) WASHINGTON, DC - MARCH 26:  A Fair Maps Rally was held in front of the U.S. Supreme Court on Tuesday, March 26, 2019 in Washington, DC. The rally coincides with the U.S. Supreme Court hearings in landmark redistricting cases out of North Carolina and Maryland. The activists sent the message the the Court should declare gerrymandering unconstitutional now. (Photo by Sarah L. Voisin/The Washington Post)
No, It’s Really Not a ‘Race to the Bottom’ on Redistricting Prime Badge
05.08.26 | 6:10 pm

Callais, combined with today’s court ruling in Virginia, has jolted Democrats and sent commentators into bemoaning an accelerating “race to the bottom” and, to paraphrase Jeff Zeleny on CNN this afternoon, the end to norms that have organized American politics and redistricting for generations.

I’d like to offer a significantly different view of the situation. What we have seen over recent months is that Democrats have largely abandoned the mode of the last decade plus in which with one hand they fought the partisan battles of the day and with the other assume the mantle of defending the political norms Republicans have already destroyed. In other words, it was the responsibility of Democrats both to be contestants and referees. Republicans violated norms; Democrats tried to uphold them. That of course meant no partisan battle was ever on equal terms and Republicans almost always won them.

Are Democrats Warming to Reforming the Supreme Court? Prime Badge
05.07.26 | 12:14 pm

Yesterday, Lauren Egan — who authors The Bulwark’s newsletter about Democrats — sent out a newsletter edition entitled “Get Ready for the Dem Court-Expansion Litmus Test.” (Egan tends to be fairly dismissive of Democrats’ intentions, with a kind of mainstream media vibe.) Today Chief Justice John Roberts is complaining that the public is misinformed thinking that the Supreme Court is made up of corrupt political actors. As I’ve written repeatedly, there are deep inertia pools of opposition to Supreme Court reform. It’s a much heavier, though just as critical, lift than contesting the gerrymandering wars or abolishing the filibuster. But these and other hints show that a movement and a coherent push are beginning to take shape.

The Law Is Coming Prime Badge
05.06.26 | 2:35 pm

I’m hoping to bring you some news on the DOJ-in-Exile front in the not-too-distant future. It was probably simply too early in the spring and summer of 2025. It’s not too early now. But the DOJ-in-Exile idea was and is part of a more general ambition and agenda — to create a baseline record, a predicate and an expectation of future accountability for the Trump administration’s criminal conduct. Some of that effort is a kind of opposition therapy, resisting the authoritarian aim of convincing the public that the law, the ecosystem of criminal accountability has disappeared. It heartens people. It provides a framework of expectation: the law hasn’t disappeared. We’re in an interregnum. It will return, as will accountability. The battle over expectations about the future is a central battle in any authoritarian takeover.

But it’s not solely a matter of heartening, strengthening the morale of the opposition. It is also very directly and literally laying the groundwork for criminal accountability for a renegade executive and all the corrupt actors and criminals who now populate the executive branch.

We Aren’t Paying Enough Attention to What the SCOTUS VRA Decision Means for State Legislatures
The Supreme Court's ruling impacts much more than control of Congress.
05.06.26 | 1:49 pm