Election Law

Alabama Legislative Black Caucus v. Alabama - Post-Decision SCOTUScast

SCOTUScast 5-28-15 featuring Stephen Davis
Stephen Davis May 28, 2015

On March 25, 2015 the Supreme Court decided Alabama Legislative Black Caucus v. Alabama, which was consolidated with Alabama Democratic Conference v. Alabama.

These cases ask whether Alabama's 2012 legislative redistricting plans classify black voters by race in violation of the Fourteenth Amendment. A three-judge federal district court rejected plaintiffs’ challenge to the redistricting plan.  By a vote of 5-4, the Supreme Court vacated that decision and remanded the case for further proceedings.

In an opinion delivered by Justice Breyer, the Court determined that the district court made four key errors: (1) treating the racial gerrymandering claim as referring to the State “as a whole,” rather than district-by-district; (2) finding that the Alabama Democratic Conference lacked standing.; (3) improperly calculating “predominance” in the alternative holding that “[r]ace was not the predominant motivating factor” in the creation of any of the challenged districts; and (4) concluding that “the [challenged] Districts would satisfy strict scrutiny.”

Justice Breyer's opinion for the Court was joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan. Justice Scalia filed a dissent, which was joined by the Chief Justice and Justices Thomas and Alito.  Justice Thomas also filed a separate dissent.

To discuss the case, we have Stephen Davis, who is an associate at the Washington, D.C. office of Arent Fox. 

Debate: Was Citizens United Wrongly Decided? - Audio/Video

Federalist Society with the American Constitution Society and the National Constitution Center
Anthony Johnstone, John O. McGinnis, Jeffrey Rosen May 22, 2015

The National Constitution Center, the Federalist Society and the American Constitution Society presented this debate on Citizens United. Professor Anthony Johnstone, argued in favor of the resolution and Professor John McGinnis argued against the resolution. Jeffrey Rosen, President and Chief Executive Officer of the National Constitution Center, moderated the program.

This debate was made possible through the support of a grant from the John Templeton Foundation. 


  • Prof. Anthony Johnstone, University of Montana School of Law
  • Prof. John McGinnis, Northwestern University School of Law
  • Moderator: Prof. Jeffrey Rosen, President and CEO, National Constitution Center

May 12, 2015
Boston, MA

The opinions expressed in this debate are those of the participants and do not necessarily reflect the views of the John Templeton Foundation.

Supreme Court Upholds Ban on Judicial Election Fundraising - Podcast

Free Speech & Election Law Practice Group Podcast
Brian T. Fitzpatrick, Erik S. Jaffe May 11, 2015

On April 29, the United States Supreme Court issued a 5-4 opinion in Williams-Yulee v. Florida Bar allowing states to bar candidates for judgeships from personally asking for campaign donations. Writing for the majority, Chief Justice Roberts noted the importance of “public confidence in the integrity of the judiciary,” concluding that “States may regulate judicial elections differently than they regulate political elections, because the role of judges differs from the role of politicians.” In dissent, Justice Scalia noted that the majority disregarded “one settled First Amendment principle after another” to reach its result.

  • Prof. Brian T. Fitzpatrick, Vanderbilt University Law School
  • Erik S. Jaffe, Sole Practitioner, Erik S. Jaffe, PC