David Daley

@davedaley.bsky.social

Author, "Antidemocratic," "Ratf**ked," "Unrigged." Likes democracy, Boston College basketball

“We do not pass upon the legality of Trump’s ballroom. We simply decide this case in a way that more or less guarantees that it gets built. We trust you all understand how principled we are now.”

Today, we do not pass upon the legality of the govern-
ment’s East Wing project. We conclude only that, based on
the submissions before us, the government is likely to pre-
vail in showing that the Trust lacks Article III standing to
challenge the project in federal court and that the remain-
ing stay factors favor relief. Accordingly, the application for
stay presented to THE CHIEF JUSTICE and by him referred
to the Court is granted. The injunction entered by the
United States District Court for the District of Columbia in
case No. 1:25–cv–04316 is stayed pending the filing an

It may sound crazy, and maybe it is, but maybe it isn’t. Should we just admit that political party loyalty often influences the justices, just like other non-legal factors, and for legal realists, ask is that a bad thing? www.dorfonlaw.org/2026/08/part...

Party Loyalty as a Legitimate Factor in Constitutional Law Cases or Legal Realism run Amuck?

Author Disclaimer : The ideas expressed below may at first blush be deemed off the wall crazy by many of our readers. I would sincerely ask ...

dorfonlaw.org

When I found GOP mapmaker Thomas Hofeller’s secret files, they included spreadsheet of NC college students & if they had NC driver’s license. This is a poll tax, and way of limiting college vote in close states. It’s also a gerrymandering tool. (Remember Hofeller’s line through middle of HBCU NCA&T)

Hansi Lo Wang (he/him)@hansilowang.bsky.social · 2mo ago

My latest @npr.org story: New bans on using a student ID for voting in Indiana and New Hampshire have sparked lawsuits after creating the latest hurdles to the ballot box for the U.S. voting-age group least likely to vote www.npr.org/2026/08/17/n...

What we're reading - Proportional representation was “long dismissed as a fringe idea in the U.S…no longer.” @starrprospect.bsky.social argues that attention is shifting. The fix to gerrymandering isn’t better maps. It’s a system where seats reflect the votes, no matter how the maps are drawn. ⬇️

Proportional Representation Gets a New Look - The American Prospect

Supreme Court decisions and unrestrained partisan gerrymandering are focusing attention on a fundamental election reform. But one version is more feasible than the others.

prospect.org

Trump and Mullin are laying the rhetorical groundwork to indict or even arrest state and local election administrators who ignore White House voter-purge demands -- even though the federal government has no clear authority to make those demands. New from me at Cato.

DHS: We'll "Direct" States to Remove Voters and Imprison Non-cooperators

Trump and Mullin are laying the rhetorical groundwork for indicting or even arresting state and local election administrators who ignore White House voter-purge demands that the federal government has...

cato.org

This map shows the partisan intent behind congressional redistricting in every state for 2026. Republicans drew 44% of seats to Democrats’ 26%. That gap is narrower than in 2024 thanks to CA Dems, but the 2026 map is more pro-GOP in effect because they passed more extreme maps in several red states

A cartogram from The Downballot showing the partisan intent behind 2026 congressional redistricting in every state. States retain their general shapes and relative locations on the map, but they are sized according to how many congressional seats they have and are spread out from each other accordingly.

26% of districts are in blue-colored states drawn to favor Democrats.
44% of districts are in red-colored states drawn to favor Republicans.
29% of districts are in yellow-colored states drawn by neutral parties.
1% of districts are in gray-colored states with only a single district each.

Each state by seat count and favored party:
Alabama: 7 - Republican
Alaska: 1 - One Seat
Arizona: 9 - Neutral
Arkansas: 4 - Republican
California: 52 - Democratic
Colorado: 8 - Neutral
Connecticut: 5 - Neutral
Delaware: 1 - One Seat
Florida: 28 - Republican
Georgia: 14 - Republican
Hawaii: 2 - Neutral
Idaho: 2 - Neutral
Illinois: 17 - Democratic
Indiana: 9 - Republican
Iowa: 4 - Neutral
Kansas: 4 - Republican
Kentucky: 6 - Republican
Louisiana: 6 - Republican
Maine: 2 - Neutral
Maryland: 8 - Democratic
Massachusetts: 9 - Democratic
Michigan: 13 - Neutral
Minnesota: 8 - Neutral
Mississippi: 4 - Republican
Missouri: 8 - Republican
Montana: 2 - Neutral
Nebraska: 3 - Republican
Nevada: 4 - Democratic
New Hampshire: 2 - Neutral
New Jersey: 12 - Democratic
New Mexico: 3 - Democratic
New York: 26 - Neutral
North Carolina: 14 - Republican
North Dakota: 1 - One Seat
Ohio: 15 - Republican
Oklahoma: 5 - Republican
Oregon: 6 - Democratic
Pennsylvania: 17 - Neutral
Rhode Island: 2 - Democratic
South Carolina: 7 - Republican
South Dakota: 1 - One Seat
Tennessee: 9 - Republican
Texas: 38 - Republican
Utah: 4 - Neutral
Vermont: 1 - One Seat
Virginia: 11 - Neutral
Washington: 10 - Neutral
West Virginia: 2 - Republican
Wisconsin: 8 - Republican
Wyoming: 1 - One Seat

Donald Trump came one vote away from getting the Supreme Court to say that the 14th Amendment does not guarantee birthright citizenship for the children of undocumented and temporary immigrants, a view held only by fringe far-right nativists until VERY recently. This is shocking. I am stunned.

New in The Nation: Whether Alito leaves this week, or white-knuckles it through returns from TX, Maine, and NC, he will time his departure for maximal impact. Calibrated retirements reveal what justices understand about the court’s power and how they maintain it www.thenation.com/article/poli...

A Strategic Alito Retirement Would Confirm SCOTUS’s Complete Ideological Capture

Granting the hard-right jurist power over choosing a successor is a democratic disaster—and a far cry from John Roberts’s fanciful claims of nonpartisanship.

thenation.com

Gorsuch bellows "I alone can fix it." "Can't trust the President, can't trust Congress. We got this." This one portion of his Slaughter concurrence tells you everything you need to know. Chest-beating judicial supremacy. "We the People" trimmed down to a majority of nine priests.

An excerpt from Justice Gorsuch's opinion in Slaughter: 

"If allowing so much legislative and judicial power to accumulate in the President’s hands invites real risks, the question becomes: Who will address them?

At first blush, the most natural answer might seem Congress. Aware now that the premise on which it apparently proceeded was flawed—independent agencies are not so independent after all—Congress might wish to reconsider how much power should remain in the President’s hands. But if that seems a straightforward solution, there’s a straightforward problem with it. Of course, Congress still
possesses tools—most notably its appropriations authority—to “influence how the President exercises” his legislative and judicial functions. Learning Resources v. Trump, 607 U. S. 229, 271 (2026) (GORSUCH, J., concurring). But “[a]ny President keen on his own authority . . . will have a strong incentive to veto” any effort to reclaim those powers. Id., at 270–271. The consequence is a ratchet effect: Authorities Congress once delegated by a simple majority may
now require a veto-proof supermajority to retrieve.

Perhaps, then, if any real response is to come it will have
to come from this Court."