[EL] Updated Katz Study

John Tanner john.k.tanner at gmail.com
Tue Mar 1 16:01:10 PST 2022


(Blush)

Sent from my iPhone

> On Mar 1, 2022, at 6:31 PM, Rick Hasen <rhasen at law.uci.edu> wrote:
> 
> 
> They are not my findings. They are those of Prof. Ellen Katz.
>  
>  
> From: John Tanner <john.k.tanner at gmail.com>
> Date: Tuesday, March 1, 2022 at 3:30 PM
> To: Rick Hasen <rhasen at law.uci.edu>
> Cc: Election Law Listserv <law-election at uci.edu>
> Subject: Re: [EL] Updated Katz Study
>  
> Ricks findings accord with the Section 2 activity of the Justice Department.   Looking at t from an administration standpoint, the number of section 2 cases per year has declined progressively with each administration since Clinton and through Trump.   The cases (Section 2 and other) are listed in the Voting Section web site. 
> Some of that, I think, has been the harvesting of low hanging fruit.  I ran out of places to sue (temporarily) in Alabama in around 1997 and started bringing cases elsewhere (and discovered 203 and 208).  
>  
> Sent from my iPhone
> 
> 
> On Mar 1, 2022, at 11:36 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
> 
>  
> From: Election Law Blog <feedblitz at mail.feedblitz.com>
> Sent: Tuesday, March 1, 2022 8:32:17 AM (UTC-08:00) Pacific Time (US & Canada)
> To: Rick Hasen <rhasen at law.uci.edu>
> Subject: Election Law Blog: ELB News and Commentary
> 
> The study by Ellen Katz and her students at the University of Michigan on Section 2 cases played an important role in the majority and dissenting opinions in the Supreme Court's Shelby County v. Holder case on the power of… Continue reading
> ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
> 
> 
> Election Law Blog: ELB News and Commentary
> Updated Katz Study: Substantial Decline in the Number of Cases Brought Under Section 2 of The Voting Rights Act and Plaintiffs’ Success in Winning Them
> Federal District Court Finds Georgia’s Redistricting Plans Likely Violated Section 2 of the Voting Rights Act by Diluting Minority Voting Power, But Won’t Order Any Remedy for 2022 Election Under the Purcell Principle
> Complexities in a federal cause of action for an “election emergency” provision in Electoral Count Act reform
> “Arizona Republican Party seeks end to early voting in state”
> “Frustrated Michigan clerks call for election reforms: ‘Now is the time'”
> Judge Sutton’s new book
> “Democracy May Depend on a New Partisan Battleground: Races for State Secretary of State”
> Yoo & Delahunty on the vice president’s role in counting electoral votes
> New Emergency Supreme Court Application by Republicans Seeks to Stop Use of Pennsylvania Congressional District Maps on Grounds State Supreme Court Ruling Applying State Constitution Violated “Independent State Legislature” Theory
> “Michigan Initiatives Clash on How to Stop GOP’s Election Deniers”
> 
> Updated Katz Study: Substantial Decline in the Number of Cases Brought Under Section 2 of The Voting Rights Act and Plaintiffs’ Success in Winning Them
> By Rick Hasen, March 01, 2022
> The study by Ellen Katz and her students at the University of Michigan on Section 2 cases played an important role in the majority and dissenting opinions in the Supreme Court’s Shelby County v. Holder case on the power of… Continue reading
> 
> Federal District Court Finds Georgia’s Redistricting Plans Likely Violated Section 2 of the Voting Rights Act by Diluting Minority Voting Power, But Won’t Order Any Remedy for 2022 Election Under the Purcell Principle
> By Rick Hasen, March 01, 2022
> You can find the court’s 238 page ruling at this link. This case is more proof that the Purcell Principle is becoming a license to do one cycle of illegal voting maps before the courts will offer any meaningful… Continue reading
> 
> Complexities in a federal cause of action for an “election emergency” provision in Electoral Count Act reform
> By Derek Muller, March 01, 2022
> In my lengthy high-level overview of the King-Klobuchar-Durbin “Electoral Count Modernization Act,” I looked at the federal causes of action, including, “extending popular elections” if (1) it’s beyond a reasonable doubt, that (2) a catastrophic event has prevented… Continue reading
> 
> “Arizona Republican Party seeks end to early voting in state”
> By Rick Hasen, March 01, 2022
> Tucson.com reports.
> 
> “Frustrated Michigan clerks call for election reforms: ‘Now is the time'”
> By Rick Hasen, March 01, 2022
> Detroit News: Two organizations that represent hundreds of Michigan clerks called on state lawmakers Monday “to set aside their agendas” and make bipartisan improvements to voting policies ahead of the November statewide election. Mary Clark, president of the… Continue reading
> 
> Judge Sutton’s new book
> By Ned Foley, February 28, 2022
> This essay focus on the election law implications of the new book by Jeffrey Sutton, Chief Judge of the Sixth Circuit. Bottom line: given all the challenges confronting the operation of the electoral process in the United States currently, now… Continue reading
> 
> “Democracy May Depend on a New Partisan Battleground: Races for State Secretary of State”
> By Rick Hasen, February 28, 2022
> David Montgomery deep dive for WaPo Magazine.
> 
> Yoo & Delahunty on the vice president’s role in counting electoral votes
> By Derek Muller, February 28, 2022
> Over at National Review, John Yoo and Robert Delahunty have some long-ish thoughts on the role of the vice president in counting electoral votes. Consistent with their views elsewhere, they argue that the vice president has some role, and… Continue reading
> 
> New Emergency Supreme Court Application by Republicans Seeks to Stop Use of Pennsylvania Congressional District Maps on Grounds State Supreme Court Ruling Applying State Constitution Violated “Independent State Legislature” Theory
> By Rick Hasen, February 28, 2022
> You can find the application here. The arguments are similar to the ones raised by North Carolina Republicans in the filing I wrote about at Slate on Friday.
> 
> “Michigan Initiatives Clash on How to Stop GOP’s Election Deniers”
> By Rick Hasen, February 28, 2022
> Steven Rosenfeld: A new front is opening in Michigan’s voting wars that raises fundamental questions about how far defenders of fact-based elections and representative government must go to protect voting rights in an era marked by Republicans who deny results… Continue reading
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