Free Speech & Election Law

Nomination and Election Rules

Free Speech & Election Law Practice Group Teleforum Tuesday, July 05, 01:00 PMFederalist Society Teleforum Conference Call

Convention season is upon us, and the procedural rules have never seemed more important. Indeed, as we approach the respective party conventions, many people are speculating on what might or might not happen under the rules of the conventions. Join as election law expert Ben Ginsberg discusses this, and more.


  • Benjamin L. Ginsberg, Partner, Jones Day

Net Neutrality Survives D.C. Circuit Challenge: U.S. Telecom Association v. FCC - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Brett A. Shumate, Adam J. White June 20, 2016

On Wednesday, June 14, the D.C. Circuit Court of Appeals upheld the Federal Communications Commission’s controversial reclassification of broadband internet service as a telecommunications service subject to common carrier regulation under Title II of the Communications Act. The case, which many observers believe may ultimately end up before the United States Supreme Court, touches on major questions about the Communications Act, as well as First Amendment issues and larger administrative law controversies, including Chevron deference. Our experts discussed all of these angles and the outlook for the case going forward.


  • Brett A. Shumate, Partner, Wiley Rein LLP
  • Adam J. White, Research Fellow, Hoover Institution

Wittman v. Personhuballah - Post-Decision SCOTUScast

SCOTUScast 6-15-16 featuring Derek Muller
Derek Muller June 15, 2016

On May 23, 2016, the Supreme Court decided Wittman v. Personhuballah. In 2012, the Virginia State Legislature adopted a redistricting plan that altered the composition of the Third Congressional District by increasing the percentage of African-American voters in the district. In 2013, a number of Third District residents sued state election officials, arguing that the District was racially gerrymandered in violation of the Equal Protection Clause of the Fourteenth Amendment. A three-judge district court agreed and held the redistricting plan to be unconstitutional, but the U.S. Supreme Court vacated that judgment and remanded the case for reconsideration in light of its intervening decision in Alabama Legislative Black Caucus v. Alabama. On remand, the district court again held that the redistricting plan was unconstitutional and ordered the Virginia General Assembly to devise a remedial plan. When the Assembly did not do so the court devised its own remedial plan and ordered election officials to implement it.

Ten Members of Congress from Virginia, intervenors in the District Court below, appealed its rejection of the 2012 plan to the Supreme Court, alleging various errors in the District Court’s reasoning. By a vote of 8-0, the Supreme Court dismissed the appeal. Writing for a unanimous Court, Justice Breyer indicated that the intervenors lacked standing to pursue their appeal.

To discuss the case, we have Derek Muller, who is Associate Professor of Law at Pepperdine University School of Law.