From Faculty Director @rickpildes.bsky.social on "A Politically Realistic Approach to Fair Political Representation"
Rick Pildes
@rickpildes.bsky.social
Legal expert at NYU on issues concerning democracy and the structure of American government.
Next up in our new series on Congress - an essay by Faculty Director @rickpildes.bsky.social on "A Politically Realistic Approach to Fair Political Representation" The Democracy Project features ideas & proposals from across the political spectrum Read here: democracyproject.org/posts/a-poli...
A Politically Realistic Approach to Fair Political Representation
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
Very sad news. He spent a semester at Michigan Law School, back when I was there, as a visiting professor. Apart from the enormous influence of his work, he was an intellectually lively, warm, engaging person.
Jack Rakove@jrakove.bsky.social · 2mo agoI just received the terribly distressing news that Gordon Wood was hit by a car and killed yesterday. We were together with other Founding era scholars at the 2nd Judicial Circuit conference last week at Lake George, and he was as usual in fine fettle and as always enjoyable to talk to.
Safe seats mean incumbents only fear being primaried, typically these days from the ideological wings of the parties. Creating more competitive districts is one of a series of reforms I've advocated to combat extremism in our politics. scholarship.law.ufl.edu/flr/vol76/is...
Combatting Extremism
Few of us are happy with the state of American democracy. Our political institutions appear dysfunctional and our political culture more generally has become increasingly toxic and tribalistic. Our cu...
scholarship.law.ufl.edu
Rick Pildes@rickpildes.bsky.social · 3mo agoUsing simulated districting techniques, we show we could have at least twice as many competitive districts as currently while respecting traditional districting principles -- despite "the big sort." "Districting and Competition" coming out in Penn L. Rev. is here: papers.ssrn.com/sol3/papers....
I have long argued we should give more weight in redistricting reform to the importance of competitive districts. Maps can be fair in partisan terms, but with everyone in a safe seat. In a new article @profnickstephan.bsky.social and I demonstrate the possibilities for more comp. districts.
Are party leaders going to have the power to construct these lists, as in most list PR systems? Or are voters going to be able to vote on which candidates appear on these lists and in what rank order?
Jamal Greene@jamalgreene.bsky.social · 3mo agoI quite agree: single-member districts are creatures of law, and they don't fit modern politics. And the local representation issue @dorfonlaw.bsky.social mentions can be mitigated through the construction of party lists.
Some PR proponents seek fairness as between the major parties, which seems to motivate this thoughtful piece. But to the extent this would create a 5-6 party House, I think proposals have to contend with arguments I've laid out here. illinoislawreview.org/print/vol-20...
Skepticism About Proportional Representation for Congress
Recently, a number of political reform advocates and advocacy groups have proposed a form of proportional representation (“PR”) for the U.S. House. In the view of reform advocates, our system of s...
illinoislawreview.org
MMichael C. Dorf@dorfonlaw.bsky.social · 3mo ago
In my new column for @justiaverdict.bsky.social, I argue that a future Democratic Congress and prez should repeal the requirement of single-member geographical districts & replace it with at-large congressional elections from party lists, thereby preventing both political & racial gerrymandering. 👇
Very interesting take from @rickpildes.bsky.social. I agree that the long-term equilibrium consequence of gutting the VRA is unclear. Unpacking highly-concentrated groups of Democrats could produce more competitive elections. But the short-term consequence is clearly to abet Republican gerrymanders.
NYU Law Democracy Project@democracyproject.bsky.social · 3mo agoNew essay by Faculty Director @rickpildes.bsky.social @nyulaw.bsky.social - "Supreme Court’s Gutting of Voting Provision Was Long Time Coming" Read the full essay here: democracyproject.org/posts/suprem...
The only power states have over congressional districting is the enumerated power in the Elections Clause, Art. I sec. 4. A number of years ago I filed an amicus brief in the SCt arguing that this power should not be understood to include partisan GM....
Marty Lederman@martylederman.bsky.social · 3mo agoThat's plainly not so--why would anyone draft a Constitution allowing a legislature to craft rules of election to entrench itself?--nor was "the upshot of Rucho ... that, as far as federal law is concerned, a state legislature may use partisan advantage as a factor in redistricting."
This was not meant as a criticism of those bringing these cases. It's a difficult strategic judgment call when you believe you have winning legal cases under current law on major issues and concern but uncertainty about exactly how the Supreme Court might ultimately respond.
Robert L. Tsai@robertltsai.bsky.social · 3mo agoWhile the full story is not complete, as @rickpildes.bsky.social notes, civil rights litigation in an unfriendly political-institutional climate produces opportunities for problematic judicial rulings from above
On the Supreme Court's Voting Rights Act decision, I've published this essay at Bloomberg Law: news.bloomberglaw.com/legal-exchan...
Supreme Court’s Gutting of Voting Provision Was Long Time Coming
Opinion: For many voting-rights scholars, a surprising aspect of this week's Voting Rights Acts decision is that the legal regime concerning racial representation lasted as long as it did, writes NYU ...
news.bloomberglaw.com
Hadn't gotten around to posting this, but it was a pleasure to have the kind of extensive substantive discussion that is too rare these days. Blue Cities Blues is devoted to the problems of governance in blue cities.
NYU Law Democracy Project@democracyproject.bsky.social · 4mo agoNew Blue Cities Blues podcast "Democracy Dies in Ineffectiveness" featuring Democracy Project Faculty Dir. @rickpildes.bsky.social Is a return to good, effective governance not just a glaring need in blue cities but a key to saving liberal democracy? Listen here podcasts.apple.com/us/podcast/d...
When you blurb a book against self-interest...
Samuel Moyn@samuelmoyn.bsky.social · 3mo agoDid you know I have a book on the verge of publication? “Gerontocracy in America” The blurbs are up on book sites — with deep thanks to @jedpurdy.bsky.social, @rickpildes.bsky.social and others untaggable. Check it out!
I've published this review essay, The Era of Democratic Dissatisfaction, of Skowronek's new book, The Adaptability Paradox: Political Inclusion and Constitutional Resilience. democracyproject.org/posts/the-er...
The Era of Democratic Dissatisfaction
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
I have always said that in any head-on confrontation with the President, the Court was on its strongest ground in the tariffs case. This is not a context in which presidential "defiance" of the Court's decision is possible.
On today's Supreme Court decision on standing in election law cases, here's my post at Election Law Blog: electionlawblog.org?p=153834
Today's Decision on Standing in Election Cases, Bost v. Illinois State Board of Elections #ELB
Back at the time the Court was asked to hear this case about when candidates have standing to challenge election laws in advance of an election, I supported on this blog the Court taking the case. I t...
electionlawblog.org
I don't think he's going to like @samuelmoyn.bsky.social's new book.
The Dispatch@thedispatchmedia.bsky.social · 7mo ago"The cult of youth represents the worst kind of identity politics and populism." | Jonah Goldberg in G-File https://thedispatch.com/newsletter/gfile/antisemitism-populism-identity-politics/
The Court's action in the Chicago national guard case means that if a Pres. believes force is needed to protect federal personnel or property, he must use the US military rather than the national guard. In other words, the Court's opinion takes the national guard option off the table.
This is not to say that a win for the challengers in this case would be terrible. I am persuaded by @rickpildes.bsky.social and Bob Bauer's argument that, given the deregulation of everything else, further deregulation in this case might in fact have beneficial consequences bsky.app/profile/rick...
Rick Pildes@rickpildes.bsky.social · 8mo agoToday the Supreme Court is hearing a major case on the First Amendment rights of political parties and campaign finance Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process Link in next post
I've published this essay at Bloomberg Law on the Supreme Court's stay order in the Texas redistricting case Decision has troubling implications for federal court oversight of state law election changes more generally. news.bloomberglaw.com/legal-exchan...
Justices’ Texas Map Order May Spur Last-Minute Voting Law Tweaks
Opinion: NYU Law's Rick Pildes says the SCOTUS ruling that it’s too close to the 2026 elections for courts to weigh in on Texas’ new maps risks giving states too much latitude to change voting laws be...
news.bloomberglaw.com
Today the Supreme Court is hearing a major case on the First Amendment rights of political parties and campaign finance Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process Link in next post
After Trump v. Slaughter, will there be any independent entities left other than the Federal Reserve? This post addresses Congress' critical effort to ensure the federal election commissions could not be captured by one political party. electionlawblog.org?p=153385
After Trump v. Slaughter, Will There Be Independent Agencies Other than the Fed: The Case of the Federal Election Agencies #ELB
As the Supreme Court’s Monday argument approaches in Trump v. Slaughter on the unitary executive branch theory and independent agencies, two outcomes already seem foreordained. The Court is likely to ...
electionlawblog.org
I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu A timely topic, sadly lectures.princeton.edu/lectures/202...
Tanner Lecture on Human Values: David D. Cole
Progressives have increasingly lost faith in the First Amendment—at least as it has been interpreted and applied by the Supreme Court. They argue that free speech has been “weaponized” by big busines...
lectures.princeton.edu
On Lawfare Daily, @klonick.bsky.social spoke to @rickpildes.bsky.social about his article, “Political Fragmentation in Democracies in the West,” the link between social media and threats to democracy, and the unique way this technology is now impacting the United States political system.
Steve Skowronek has an essay today on "Authoritarianism Then and Now" at the NYU Democracy Project: democracyproject.org/posts/author...
Authoritarianism Then and Now
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
On fusion voting and the NJ Supreme Court: A new political party called the Moderate Party is challenging on state constitutional grounds NJ's ban on fusion voting. The court is considering whether to hear this challenge. I published an essay urging the court to take the case. More below..
Here's an analogy. If the government imposes financial costs on you, you have standing. But if the government is beneficent and engages in spending you believe is illegal, it can be difficult to find anyone with standing to challenge.
Rick Pildes@rickpildes.bsky.social · 10mo agoMarty does not understand what's at stake in this case. Political parties and voters have always had standing to challenge voting rules they allege violate their rights, by BURDENING their right to vote. That's the Crawford case...
Marty does not understand what's at stake in this case. Political parties and voters have always had standing to challenge voting rules they allege violate their rights, by BURDENING their right to vote. That's the Crawford case...
Marty Lederman@martylederman.bsky.social · 10mo agoMaterially less speculative--and thus more of a "substantial risk"--that the statute could affect the outcome of at least one election in the state, and therefore it saves the Dems some costs of getting those voters to the polls. Or so said the Court in Crawford (affirming Posner), anyway.