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Reposted by David H. Gans

Kevin Morris @kevintmorris.bsky.social · 12h

This from @rickhasen.bsky.social is exactly right: "The idea that the Court may use the Reconstruction Amendments to the Constitution to bar a remedy that helps minority voters is both ahistorical and repugnant."
electionlawblog.org?p=152536

Early Signs from Oral Argument in Callais Suggest that Section 2 of the Voting Rights Act is in Real Trouble #ELB

As I explained back in August, the Supreme Court reached and and in the most opaque way on a late Friday afternoon in mid-summer, the Court turned a ho-hum racial gerrymandering case where the court h...

electionlawblog.org

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 14h

Yesterday, many #SCOTUS Justices turned a blind eye to the Fifteenth Amendment’s text and history. Read more from @kelseyreichmann.bsky.social: www.courthousenews.com/supreme-cour...

Supreme Court looks to neuter key protection for minority voters

A path for equal representation for Black voters in Louisiana appeared distant on Wednesday as the Supreme Court debated limiting solutions to racial discrimination in voting.

www.courthousenews.com

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 12h

As @mjsdc.bsky.social explained, citing our brief, "The 14th and 15th Amendments were ratified to establish an enduring multiracial democracy." But the freedom to vote is now under attack at #SCOTUS. Read more in @slate.com: slate.com/news-and-pol...

The Supreme Court Is Poised to Rule That It’s Racist to Remedy Racism

It's going to be an electoral bonanza for Republicans.

slate.com

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Reposted by David H. Gans

Kelsey Reichmann @kelseyreichmann.bsky.social · 1d

Justice Sotomayor during today's argument:

“Race is always a part of these decisions, and my colleagues are trying to tease it out in this intellectual way that doesn’t deal with the fact that race is used to help people."
@courthousenews.bsky.social
www.courthousenews.com/supreme-cour...

Supreme Court looks to neuter key protection for minority voters

A path for equal representation for Black voters in Louisiana appeared distant on Wednesday as the Supreme Court debated limiting solutions to racial discrimination in voting.

www.courthousenews.com

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 14h

Congress has the power to enact laws enforcing the full scope of the 15th Amendment's protections for voting rights. Read more from @davidhgans.bsky.social in @medillschool.bsky.social: www.upi.com/Top_News/US/...

Supreme Court seems skeptical of key provisions in Voting Rights Act - UPI.com

The Supreme Court expressed skepticism of a key provision of the Voting Rights Act, setting the stage possible redistricting efforts across the country.

www.upi.com

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 15h

The Trump administration's arguments that the federalization of the National Guard can't be reviewed by the courts are just plain wrong. Read more about our amicus briefs setting the record straight from @stevevladeck.bsky.social: www.stevevladeck.com/p/bonus-183-...

Bonus 183: Martin v. Mott

The Trump administration claims Justice Story's 1827 ruling establishes the President's unreviewable power to decide when domestic use of the military is needed. It doesn't come close to saying that.

www.stevevladeck.com

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 1d

Oral argument today in Case v. Montana added fuel to the concern that #SCOTUS uses history selectively. Read more from CAC's Brian Frazelle: www.theusconstitution.org/news/cac-rel...

CAC Release: Justices Appear Reluctant to Embrace Historical Protections Against Warrantless Emergency Entries by Police | Constitutional Accountability Center

WASHINGTON, DC – Following oral argument at the Supreme Court today in Case v. Montana, a case in which the Court is considering whether police may enter homes without warrants based on less than prob...

www.theusconstitution.org

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 1d

In this morning’s oral argument in Callais, #SCOTUS ’s conservative Justices turned a blind eye to a core part of the Fifteenth Amendment’s text and history. Read more from @davidhgans.bsky.social: www.theusconstitution.org/news/cac-rel...

CAC Release: The Continuing Assault on the Voting Rights Act Is Back at the Supreme Court | Constitutional Accountability Center

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Louisiana v. Callais on whether to reverse a district court decision that held unconstitutional the map the Louisiana legi...

www.theusconstitution.org

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Reposted by David H. Gans

Sherrilyn Ifill @sifill.bsky.social · 1d

This entire argument by Louisiana and the conservatives questions are premised on an erasure of Congress’ enforcement power under the 14th & 15th Amendments.

Literally swinging for the fences to wipe out the premise for the legitimacy of Congress’ power to enact civil rights statutes.

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David H. Gans @davidhgans.bsky.social · 1d

Race-consciousness is baked into the Reconstruction Amendments. slate.com/news-and-pol...

Reposted by David H. Gans

Jamal Greene @jamalgreene.bsky.social · 1d

Justice Kavanaugh in the Callais oral argument keeps alluding to some longstanding requirement of strict scrutiny that use of race have a time limit. This is invented.

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 1d

CAC’s @davidhgans.bsky.social explained why this should be an “open-and-shut case” in @slate.com: slate.com/news-and-pol...

The Supreme Court Is Being Tested on History Once Again

The leading arguments in support of Black voting rights were race-conscious at their core.

slate.com

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David H. Gans @davidhgans.bsky.social · 2d

Your reminder, in advance of tomorrow's argument, that efforts to guarantee voting rights to Black Americans have been attacked as race-based for centuries. Callais's argument is eerily similar to those made by Southern states in refusing to ratify the 15th Amdt. slate.com/news-and-pol...

The Supreme Court Is Being Tested on History Once Again

The leading arguments in support of Black voting rights were race-conscious at their core.

slate.com

1

David H. Gans @davidhgans.bsky.social · 6d

Looking forward to reading your review!

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 6d

CAC’s @davidhgans.bsky.social explained what’s at stake at the Court: circumscription.fireside.fm/5

Drawn Out

A conversation with legal expert David Gans, focusing on voting rights and redistricting.

circumscription.fireside.fm

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 6d

CAC is looking to host an externally sponsored fellow on our litigation team in the Fall of 2026. Apply now: www.theusconstitution.org/sponsored-le...

Accepting applications: Sponsored Legal Fellowship 2026-2027. Apply to join the CAC team today!

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 6d

CAC is hiring! Join our work to realize the progressive promise of the Constitution as a Paralegal & Research Associate: www.theusconstitution.org/paralegal-an...

CAC is hiring! Paralegal and Research Associate: Apply to join the CAC team today!

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 6d

The Voting Rights Act is in the crosshairs at #SCOTUS next week. Read more from @davidhgans.bsky.social in @politicalwire.com:
politicalwire.com/2025/10/08/r...

Republicans Could Draw 19 More House Seats

"Democratic voting rights groups are preparing for a nightmare scenario if the Supreme Court guts a key part of the landmark civil rights-era legislation, the Voting Rights Act — a very real possibili...

politicalwire.com

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Reposted by David H. Gans

CAC @myconstitution.bsky.social · 9d

The First Amendment doesn't prevent states from being able to protect their residents from harmful "conversion therapy." Read more from CAC's Praveen Fernandes in @bloomberglaw.com: news.bloomberglaw.com/health-law-a...

Conversion Therapy Ban Case Tests Traditional State Police Power

A therapist’s challenge to Colorado’s ban on treatment the state says harms LGBTQ+ youths may seem like just the next battle in the culture wars, but the case presents the US Supreme Court with an opp...

news.bloomberglaw.com

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David H. Gans @davidhgans.bsky.social · 8d

You can't understand the Reconstruction Amendments without grappling with the work of the Black conventions that eloquently spoke to the constitutional aspirations of Black Americans. Read my latest piece @slate.com on how Black Americans won the right to vote: slate.com/news-and-pol...

The Supreme Court Is Being Tested on History Once Again

The leading arguments in support of Black voting rights were race-conscious at their core.

slate.com

3

Reposted by David H. Gans

Rick Hasen @rickhasen.bsky.social · 9d

“The Supreme Court Is Being Tested on History Once Again” electionlawblog.org?p=152401

"The Supreme Court Is Being Tested on History Once Again" #ELB

David Gans for Slate: In the two decades John Roberts has served as chief justice, the Supreme Court he presides over has repeatedly decimated the Voting Rights Act, striking a series of savage blows ...

electionlawblog.org

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Reposted by David H. Gans

Nina Henry @ninagrace.bsky.social · 9d

Super interesting and relevant scholarship from my brilliant colleague David on how Black voting rights advocates shaped our Constitution during Reconstruction:

CAC @myconstitution.bsky.social · 9d

"When the Roberts court examines the Constitution’s text and history, it has privileged white male voices. But if it wants to be faithful to constitutional text and history in Callais, it will have to broaden the lens." Read CAC's @davidhgans.bsky.social in @slate.com: slate.com/news-and-pol...

The Supreme Court Is Being Tested on History Once Again

The leading arguments in support of Black voting rights were race-conscious at their core.

slate.com

1 1

Reposted by David H. Gans

CAC @myconstitution.bsky.social · 9d

"When the Roberts court examines the Constitution’s text and history, it has privileged white male voices. But if it wants to be faithful to constitutional text and history in Callais, it will have to broaden the lens." Read CAC's @davidhgans.bsky.social in @slate.com: slate.com/news-and-pol...

The Supreme Court Is Being Tested on History Once Again

The leading arguments in support of Black voting rights were race-conscious at their core.

slate.com

1 2

David H. Gans @davidhgans.bsky.social · 9d

My latest @slate.com on how Black Americans won the fight to make the our nation a multiracial democracy and how race-consciousness lies at the core of the 15th Amendment. The attack on the VRA in Callais is deeply inconsistent with the Constitution's text and history: slate.com/news-and-pol...

The Supreme Court Is Being Tested on History Once Again

The leading arguments in support of Black voting rights were race-conscious at their core.

slate.com

4 2

Reposted by David H. Gans

CAC @myconstitution.bsky.social · 10d

“We’re in a period of conflict and struggle over our constitutional system, and this is a question not only for lawyers and the courts, but for everyone.” Read more from @davidhgans.bsky.social: the.ink/p/has-it-eve...

Has it ever been this bad before?

In "We the People," historian Jill Lepore explains the constitutional crisis before us

the.ink

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