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  1. Home
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  3. ‘The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights’
Home ‘The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights’
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‘The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights’

April 24, 2024
Image the court v the voters.jpg

Joshua A. Douglas of University of Kentucky, J. David Rosenberg College of Law has authored The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights, a book exploring the effect of several Supreme Court cases on voting rights.

From the book’s description:

An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions—and the next looming case

In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown, some familiar—to investigate the historic crossroads that have irrevocably changed our elections and the nation. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in producing a broken electoral system.

Douglas charts infamous cases like:

  • Bush v. Gore, which opened the door to many election law claims
  • Citizens United, which contributed to skewed representation—but perhaps not in the way you might think
  • Shelby County v. Holder, which gutted the vital protections of the Voting Rights Act
  • Crawford v. Marion County Elections Board, which allowed states to enforce voter ID laws and make it harder for people to vote

The Court v. The Voters powerfully reminds us of the tangible, real-world effects from the Court’s voting rights decisions. While we can—and should—lament the democracy that might have been, Douglas argues that we can—and should—double down in our efforts to protect the right to vote.

Douglas is the Ashland, Inc-Spears Distinguished Research Professor of Law at the J. David Rosenberg College of Law where he teaches in the areas of election law and voting rights, civil procedure, constitutional law, and judicial decision making. He has recently started Democracy Optimist, a public radio series and podcast that looks democratic processes, elections, and voting rights.

The Court v. The Voters will be released on May 14.

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Traynor on Liberty, Law, and Democracy

In his essay "Liberty, Law, and Democracy: Are There Grounds for Realistic Optimism?" Michael Traynor, former President of The American Law Institute, reflects on the challenges facing American democracy amid political polarization and institutional strain. He examines threats to the balance between liberty and law, citing dysfunction across the executive, legislative, and judicial branches, while drawing on historical context and recent scholarship to frame these concerns.

Despite his sober assessment, Traynor maintains a guarded optimism rooted in America’s resilience, civic traditions, and individual potential to effect change. He highlights positive actions within the legal community, nonprofit organizations, and among engaged citizens, while outlining five practical steps Americans can take to strengthen democracy: improving civic education, demanding accountability, fostering open debate, participating in elections and local governance, and resisting simplistic solutions.

Traynor concludes that democracy is “stubborn work,” incremental, imperfect, and ongoing, but expresses confidence that Americans have the resolve to preserve it.

Read the full article The New Nationalist. 

Michael Traynor is senior counsel at Cobalt LLP in Berkeley California. He served as ALI President from 2000 to 2008, and as Chair of the Council from 2008 to 2011. He is also a recipient of ALI's Distinguished Service Award. Mr. Traynor is a Fellow of the American Academy of Arts & Sciences, the American Academy of Appellate Lawyers, the California Academy of Appellate Lawyers, and the American Association for the Advancement of Science.   He received the John P. Frank Outstanding Lawyer Award from the U.S. Court of Appeals for the Ninth Circuit. He is an honorary life trustee of the Lawyers Committee for Civil Rights Under Law and of Earthjustice and a past President (1973) of the Bar Association of San Francisco. 

Collins J. Seitz Jr. Elected CCJ President and NCSC Chair 

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