Defending Democracy: Recent Episodes
Democracy Docket
Weekly podcast from Democracy Docket going over the top voting rights, elections and democracy news.
Connecticut Senator Richard Blumenthal, a former state attorney general, United States attorney and Supreme Court clerk, maps out the transformation of the Supreme Court from a revered institution to one facing immense distrust and credibility issues. Sen. Blumenthal speaks with Marc Elias about the necessary reforms to the Court and what is preventing their passage in Congress.
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This video was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal.
New York Congressman Dan Goldman (D) joins Marc Elias to discuss why he’s made voting rights a top issue, the major concerns he has about Project 2025, efforts to fix the U.S. Supreme Court and Republican voter suppression.
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This video was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal.
Republicans have been laying the groundwork to subvert elections this fall. It’s all a part of their three-part strategy to undermine free and fair elections and seize power for themselves. Marc Elias and Paige Moskowitz break it down.
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This video was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal.
Sarah Longwell, founder of Republican Voters Against Trump, wants you to know that not all Republicans support former President Donald Trump. She discusses with Marc Elias fractures in the GOP, how Trump is a threat to democracy and conservative ideals and what Democratic voters need to understand about modern Republican voters. Learn more about Republican Voters Against Trump: https://rvat.org/
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-Threads: https://www.threads.net/@democracydocketThis video was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal.
As a critical swing state, Michigan is on the front lines in the fight to protect democracy. Secretary of State Jocelyn Benson joins Marc Elias to discuss how Michigan has worked to protect elections this fall, the growing threat of election deniers and what citizens can do to help safeguard voting rights.
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This episode was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal.
The Republican plan for the 2024 election is simple: make it harder to vote and easier to cheat. Marc Elias and Paige Moskowitz break down the various tactics the GOP is using to suppress voters, how these efforts will intensify and what actions voters can take to protect themselves.
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Nearly 50 million Americans lack an active ID that has their current name and address. And if they’re in a state with strict voter ID laws, it likely means they can’t vote. But who in America lacks photo ID and who gets squeezed out of the electorate because of it? Lauren Kunis of VoteRiders joins Marc Elias to break down these stats, myths behind noncitizens voting and more.
Learn more about VoteRiders: http://voteriders.org/
Volunteer with VoteRiders: https://www.mobilize.us/voteriders/
Sign up for VoteRiders’ updates: https://www.voteriders.org/volunteer/?swcfpc=1#form
Donate to VoteRiders: http://voteriders.org/donate
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Resources:
-New Research Ahead of 2024 Confirms Voter ID Laws Impact Millions: https://www.democracydocket.com/opinion/new-research-ahead-of-2024-confirms-voter-id-laws-impact-millions/
-1 in 10 Eligible Voters Can’t Easily Provide Proof of Citizenship, New Survey Reveals: https://www.democracydocket.com/news-alerts/1-in-10-eligible-voters-cant-easily-provide-proof-of-citizenship-new-survey-reveals/
While Congress makes laws for the whole country, the reality is that people’s everyday lives are more affected by their state legislature. So why don’t we pay more attention to state legislative races? Especially when extremist candidates are winning seats? Daniel Squadron of The States Project joins to discuss the power of state legislatures, why everyone should pay attention to these down-ballot races this fall and how to get involved.
Learn more about The States Project: https://statesproject.org/
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What happened with election lawsuits in July and what cases should you look out for in August? Marc Elias and Paige Moskowitz break it all down.
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Former Congressman Joe Kennedy III joins Defending Democracy to talk about the local solutions to national democracy problems, the Groundwork Project, whether Election Day should be a holiday and more.
Learn more about the Groundwork Project: https://www.groundworkproject.com/
Learn more about the states and local organizations Groundwork works with: https://www.groundworkproject.com/our-states/
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It’s clear that there are issues with the U.S. Supreme Court. From justices accepting lavish gifts to the shadow docket to outrageous rulings, immense reform is needed to ensure that faith and trust is restored in the nation’s highest court. Rhode Island Senator Sheldon Whitehouse discusses the most pressing issues facing the Court and how we fix them.
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Resources:
-Mississippi Mail-In Ballot Receipt Deadline Challenge (RNC): https://www.democracydocket.com/cases/mississippi-mail-in-ballot-receipt-deadline-challenge-mississippi/-South Carolina Redistricting Challenge (SCOTUS): https://www.democracydocket.com/cases/south-carolina-redistricting-challenge/
-Sen. Whitehouse’s law review article: https://www.whitehouse.senate.gov/news/release/whitehouse-details-in-ohio-state-law-journal-roberts-courts-penchant-for-judicial-activism-through-false-fact-finding/
This video was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal and Paige Moskowitz. Defending Democracy is a production of Democracy Docket, LLC
Everything is bigger in Texas — including voter suppression. Former Congressman Beto O'Rourke discusses the fight for voting rights in the Lone Star State and how people can help.
Support Powered by People: https://poweredxpeople.org/
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This video was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal and Paige Moskowitz. Defending Democracy is a production of Democracy Docket, LLC.
New York State Senator Zellnor Myrie discusses New York’s terrible voting laws, efforts to improve ballot access and how MAGA extremism has infected even the Empire State.
Check out Sen. Myrie’s website: https://www.zellnor.nyc/
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This episode was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal and Paige Moskowitz. Defending Democracy is a production of Democracy Docket, LLC.
Law professor and former United States Attorney Joyce Vance joins Marc Elias to discuss whether the justice system can handle a defendant like Trump, the state of voting rights in Alabama and what we all can do to save democracy.
Read Joyce’s Substack: https://joycevance.substack.com
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This podcast was produced by Allie Rothenberg, Gabrielle Corporal and Paige Moskowitz. It was edited by Gabrielle Corporal and Paige Moskowitz. Defending Democracy is a production of Democracy Docket, LLC.
Pod Save America co-host, former Obama senior advisor and writer Dan Pfeiffer joins to discuss the role of media in protecting democracy, polls and changes in politics over the past 20 years with Marc Elias.
-Get involved with Vote Save America: https://votesaveamerica.com
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Voting rights journalist Ari Berman joins Defending Democracy to discuss his new book, right-wing extremism, gerrymandering, the U.S. Supreme Court and more.Buy Ari’s new book Minority Rule here: https://us.macmillan.com/books/9780374600211/minorityrule🗳️Subscribe to our newsletters: https://www.democracydocket.com/youtubesubscribe/🗳️Support our work: https://www.democracydocket.com/support/🗳️Shop Democracy Docket merch: https://store.democracydocket.comWatch this episode on YouTube: https://youtu.be/anq6pXssbvUFollow Democracy Docket!-X/Twitter: https://twitter.com/DemocracyDocket-Facebook: https://facebook.com/democracydocket-Instagram: https://instagram.com/democracydocket-TikTok: https://tiktok.com/@democracydocket-Threads: https://www.threads.net/@democracydocket
On May 13, the Wisconsin Supreme Court will hear a case arguing that drop boxes should be reinstated in the battleground state. Marc and Paige explain what’s going on in the lawsuit, what to look for in oral argument and the potential electoral impact of the court’s decision.
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Learn more about the upcoming oral argument: https://www.democracydocket.com/news-alerts/wisconsin-supreme-court-to-consider-reinstating-ballot-drop-boxes-for-2024/
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On April 25, the U.S. Supreme Court will hear former President Donald Trump’s claims that he has absolute presidential immunity and cannot be prosecuted for actions he took while in office. Former federal prosecutor and host of the Talking Feds Podcast Harry Litman joins to discuss the merit of Trump’s claims, what you should look out for during oral argument and whether the justice system can handle Trump.
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Learn more about the Talking Feds Speaker Series : https://www.eventbrite.com/e/jen-psaki-discussing-say-more-with-harry-litman-tickets-866910250897
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Hillary Rodham Clinton, former U.S. secretary of state and 2016 presidential nominee, joins Defending Democracy to talk with Marc Elias about the harm Donald Trump has done to our democracy and America’s global standing. Plus, Secretary Clinton talks about her thoughts on the GOP’s plans for 2024, Supreme Court justices and President Joe Biden.
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Colorado Secretary of State Jena Griswold joins Marc to discuss the rising threats against election workers, efforts to hold Donald Trump and John Eastman accountable and how secretaries of state are securing elections — plus the details of Colorado Republicans’ attempt to impeach her.
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How maps are drawn determines electoral power in the United States. Former U.S. Attorney General Eric Holder joins Marc Elias to discuss the fight for fair maps, attacks on voting rights and federal courts’ failure to protect democracy.
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Resources:
-South Carolina Will Use Gerrymandered Congressional Map in 2024, District Court Rules: https://www.democracydocket.com/news-alerts/south-carolina-will-use-gerrymandered-congressional-map-in-2024-district-court-rules/
-Find the redistricting lawsuits Democracy Docket is tracking: https://www.democracydocket.com/cases/topic/redistricting-litigation/
-National Democratic Redistricting Committee: https://democraticredistricting.com
A second Trump presidency would last longer than 4 years. Writer and political commentator Molly Jong-Fast joins Defending Democracy to discuss how a second Trump term would be different, the myth of the "moderate" Republican and the media's role in all of this.
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Read Mike Johnson’s House is Imploding by Molly Jong-Fast: https://www.vanityfair.com/news/mike-johnson-gop-house-implosion
A bonus podcast episode! Between blatant gerrymanders, power-grab laws and hard-line positions threatening the future of the state’s educational and business institutions, North Carolina Republicans have shown that they’re committed to anti-democracy. Democratic Leader of the North Carolina House Rep. Robert Reives is here to discuss.
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Republican and conservative groups are filing lawsuits targeting states' voter info under the guise of "cleaning the rolls." But the real motivations behind the lawsuits are to purge voters and facilitate mass voter challenges. Marc and Paige break down what's happening in the latest episode of Defending Democracy.
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Resources:-Find voter purge lawsuits Democracy Docket is tracking: https://www.democracydocket.com/cases/?k=voter%20purge
-On the Heels of Recent Shakeup, RNC Files Lawsuit in Michigan Seeking to Purge Voters: https://www.democracydocket.com/news-alerts/on-the-heels-of-recent-shakeup-rnc-files-lawsuit-in-michigan-seeking-to-purge-voters/
-RNC Files Second Lawsuit Targeting Voter Rolls This Year: https://www.democracydocket.com/news-alerts/rnc-files-second-lawsuit-targeting-voter-rolls-this-year/
-Right Wing Organization Files New Lawsuit To Gain Access To South Carolina Voter Rolls: https://www.democracydocket.com/news-alerts/right-wing-organization-files-new-lawsuit-to-gain-access-to-south-carolina-voter-rolls/
-Right-Wing Group Sues Illinois to Demand Removal of Allegedly Ineligible Voters: https://www.democracydocket.com/news-alerts/right-wing-group-sues-illinois-to-demand-removal-of-allegedly-ineligible-voters/
-The Growing Threat of Election Vigilantes by Marc Elias: https://www.democracydocket.com/opinion/the-growing-threat-of-republican-election-vigilantes/
-How Voter List Maintenance Becomes Voter Purging by Mac Brower: https://www.democracydocket.com/analysis/how-voter-list-maintenance-becomes-voter-purging/
-Republicans Want to Make It Easier to Access Vote Records by Paige Anderholm: https://www.democracydocket.com/analysis/republicans-want-to-make-it-easier-to-access-vote-records/
-The Right’s Dangerous and Unreliable Alternative to ERIC by Devon Hesano: https://www.democracydocket.com/analysis/the-rights-dangerous-and-unreliable-alternative-to-eric/
In 2023, the Republican Party launched the “Bank Your Vote” program to encourage people to vote early and by mail. Despite this, the RNC is involved in multiple lawsuits to restrict mail-in voting — some filed after this program was announced. Marc and Paige break down the GOP’s hypocrisy and go over the details of the cases.
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Resources:
-In Hypocritical Move, RNC Releases New Ad Promoting Mail-in and Early Voting: https://www.democracydocket.com/news-alerts/in-hypocritical-move-rnc-releases-new-ad-promoting-mail-in-and-early-voting/
-Case: Arizona 2023 Election Procedures Manual Challenge: https://www.democracydocket.com/cases/arizona-2023-election-procedures-manual-challenge-rnc/
-Case: Georgia Absentee Ballot Application Deadline Challenge: https://www.democracydocket.com/cases/georgia-absentee-ballot-application-deadline-challenge/
-Case: Michigan Voting Rights Constitutional Amendments Challenge: https://www.democracydocket.com/cases/michigan-voting-rights-constitutional-amendments-challenge/
-Case: Mississippi Mail-In Ballot Receipt Deadline Challenge: https://www.democracydocket.com/cases/mississippi-mail-in-ballot-receipt-deadline-challenge-mississippi/
-Case: New York Early Mail Voter Act Challenge: https://www.democracydocket.com/cases/new-york-early-mail-voter-act-challenge/
-Case: New York 2023 Absentee Voting Law A.B. 7931 Challenge: https://www.democracydocket.com/cases/new-york-2023-absentee-voting-law-ab7931-challenge/
-Case: Ohio Mail-in Voting Assistance Limitations Challenge: https://www.democracydocket.com/cases/ohio-mail-in-voting-assistance-limitations-challenge/
-Case: Pennsylvania Absentee Ballot Return Policy Challenge: https://www.democracydocket.com/cases/pennsylvania-absentee-ballot-return-policy-challenge/
-Case: Wisconsin Absentee Ballot Witness Requirement Challenge: https://www.democracydocket.com/cases/wisconsin-absentee-ballot-witness-requirement-challenge-federal-court/
The Republican Party and affiliates have filed almost a dozen anti-voting lawsuits so far in 2024. A majority of those lawsuits were filed in Arizona alone. The GOP’s lawsuits are targeting Arizona election rules that restrict voter intimidation, ballot challenges, regulate voter registration cancellation and more. Marc and Paige break it down.
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Resources:
-Arizona 2023 Election Procedures Manual Challenge (RNC): https://www.democracydocket.com/cases/arizona-2023-election-procedures-manual-challenge-rnc/
-Arizona 2023 Election Procedures Manual Challenge (Petersen): https://www.democracydocket.com/cases/arizona-2023-election-procedures-manual-challenge/
-Arizona 2023 Election Procedures Manual Challenge (Arizona Free Enterprise Club): https://www.democracydocket.com/cases/arizona-2023-election-procedures-manual-challenge-arizona-free-enterprise-club/
-Arizona Mohave County Hand Count Challenge: https://www.democracydocket.com/cases/arizona-mohave-county-hand-count-challenge/
-Arizona Counties Election Administration Challenge: https://www.democracydocket.com/cases/arizona-counties-election-administration-challenge/
Abortion rights activist and founder of We Testify Renee Bracey Sherman joins the podcast to discuss how gerrymandering is an issue for both voting rights and abortion rights. Bracey Sherman talks with Marc about how we can’t secure reproductive rights for all until fair ballot access is secured for all.
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Resources:
-We Testify
-This Country’s Abortion Crisis Is Really a Voting Rights Problem by Renee Bracey Sherman and Regina Mahone
-The Turn Away Study by Dr. Diana Greene Foster
-The A Files: The Secret History of Abortion Podcast
-Liberating Abortion: Our Legacy, Stories, and Vision for How We Save Us by Renee Bracey Sherman and Regina Mahone (Pre-Order)
While Republicans have focused on voter suppression laws, Michigan Democrats are using their trifecta to pass legislation focused on expanding ballot access, updating old election laws and ensuring that voters are fairly represented. Michigan Senator Jeremy Moss (D), President Pro Tempore of the state Senate, joins Marc Elias to talk about the state of voting rights and the Republican Party in the Great Lake State.
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Resources:
-Michigan Legislature Sends Bill Permitting Paid Voter Transportation to Governor: https://www.democracydocket.com/news-alerts/michigan-legislature-sends-bill-permitting-paid-voter-transportation-to-governor/
-Using Rejected ISL Theory, Michigan Republicans Challenge Voter-Approved Constitutional Amendments: https://www.democracydocket.com/news-alerts/using-rejected-isl-theory-michigan-republicans-challenge-voter-approved-constitutional-amendments/
-Michigan House Democrats Pass Five Pro-Voting Bills: https://www.democracydocket.com/news-alerts/michigan-house-democrats-pass-five-pro-voting-bills/
-Michigan Democrats Introduce State Voting Rights Act: https://www.democracydocket.com/news-alerts/michigan-democrats-introduce-state-voting-rights-act/
-Michigan Legislature Advances Slate of Pro-Voting Reforms Implementing 2022 Ballot Measure: https://www.democracydocket.com/news-alerts/michigan-legislature-advances-slate-of-pro-voting-reforms-implementing-2022-ballot-measure/
Sen. Moss Op-Eds:-An election year like no other spotlighted need for reforms: https://www.detroitnews.com/story/opinion/2021/01/01/opinion-election-year-like-no-other-spotlighted-need-reforms/4088140001/
-How Michigan is fighting back against threats to our elections, democracy: https://www.freep.com/story/opinion/contributors/2024/01/06/jan-6-2020-election-2024-michigan-legislature/72121972007/
Democracy champion Congressman Jamie Raskin joins the podcast to discuss the threat a second Trump presidency could pose to the U.S. Constitution, democracy and voting rights.
Listen to this episode wherever you get your podcasts: https://www.democracydocket.com/defendingdemocracy/
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Resources:
Rep. Raskin’s Democracy Summer: https://jamieraskin.com/DemocracySummer
The U.S. Supreme Court recently heard oral argument in the Colorado lawsuit seeking to disqualify former President Donald Trump from the ballot under Section 3 of the 14th Amendment. Marc and Paige explain the top takeaways from the proceedings:1. Donald Trump won’t be disqualified from the ballot
-
Trump’s lawyer focused on questions of procedure, not the insurrection
-
Trump’s lawyer said Jan. 6 was “shameful, criminal and violent”
-
The justices want to be sure they’re not creating a future loophole
-
Trump’s lawyer and Justice Kavanaugh made arguments for democracy
Listen to this episode wherever you get your podcasts: https://www.democracydocket.com/defendingdemocracy/
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Resources:
-Anderson v. Griswold Case Page: https://www.democracydocket.com/cases/colorado-trump-14th-amendment-ballot-disqualification-challenge/
-What to Watch During Oral Argument in Trump’s Ballot Disqualification Case: https://www.democracydocket.com/analysis/what-to-watch-during-oral-argument-in-trumps-ballot-disqualification-case/
-Disqualifying Trump Is on the Docket by Marc Elias: https://www.democracydocket.com/opinion/disqualifying-trump-is-on-the-docket/
-The 14th Amendment’s Disqualification Clause Was Made for This Moment by Noah Bookbinder: The 14th Amendment’s Disqualification Clause Was Made for This Moment
-The Justices Must Choose: Trump or the Constitution by Rakim Brooks: https://www.democracydocket.com/opinion/the-justices-must-choose-trump-or-the-constitution/
Every election, tens of thousands of ballots are rejected. Many of these rejections are due to minor mistakes made by voters or officials that cause otherwise valid ballots to be tossed. The Republican Party has been involved in efforts to expand what types of errors cause a ballot to be rejected and limit voters’ opportunities to correct errors in key states like Wisconsin, Pennsylvania, North Carolina and more. Marc and Paige explain this widespread issue and what you should know.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Resources:
-Democracy Docket’s 2023 Litigation Report: https://www.democracydocket.com/analysis/democracy-dockets-2023-litigation-report/
Wisconsin:
-Wisconsin Court Issues Major Mail-in Voting Victory Ahead of 2024 Election: https://www.democracydocket.com/news-alerts/wisconsin-court-issues-major-mail-in-voting-victory-ahead-of-2024-election
-Rise v. Wisconsin Elections Commission Case: https://www.democracydocket.com/cases/wisconsin-witness-certificate-incomplete-address-guidance-rise/
-League of Women Voters of Wisconsin v. Wisconsin Elections Commission Case: https://www.democracydocket.com/cases/wisconsin-witness-certificate-incomplete-address-guidance-lwv/
North Carolina:
-North Carolina Changes Same-Day Voter Registration Rules to Comply With Court Ruling: https://www.democracydocket.com/news-alerts/north-carolina-changes-same-day-voter-registration-rules-to-comply-with-court-ruling/
-Lawsuits challenging S.B. 747: https://www.democracydocket.com/cases/state/north-carolina/2023/10/?k=747
-Disenfranchising Rural North Carolina Is By Design: https://www.democracydocket.com/opinion/disenfranchising-rural-north-carolina-is-by-design/
-Unpacking North Carolina Republicans’ Voter Suppression Bill S.B. 747: https://www.democracydocket.com/analysis/unpacking-north-carolina-republicans-voter-suppression-bill-s-b-747/
Pennsylvania:
-Republican Attorneys General Don’t Want Your Ballot To Count: https://www.democracydocket.com/news-alerts/republican-attorneys-general-dont-want-your-ballot-to-count/
-Pennsylvania Supreme Court Explains 2022 Order Disqualifying Certain Mail-in Ballots: https://www.democracydocket.com/news-alerts/pennsylvania-supreme-court-explains-2022-order-disqualifying-certain-mail-in-ballots/
-Majority of Rejected Pennsylvania Mail-in Ballots Came From Democrats: https://www.democracydocket.com/news-alerts/majority-of-rejected-pennsylvania-mail-in-ballots-came-from-democrats/
-Eakin v. Adams County Board of Elections Case: https://www.democracydocket.com/cases/pennsylvania-undated-and-wrongly-dated-mail-in-ballots-challenge-eakin/
-Pennsylvania State Conference of the NAACP v. Chapman Case: https://www.democracydocket.com/cases/pennsylvania-undated-and-wrongly-dated-mail-in-ballots-challenge-pa-naacp/
-Pennsylvania Court Dismisses Republican Lawsuit Challenging Cure Procedures: https://www.democracydocket.com/news-alerts/pennsylvania-court-dismisses-republican-lawsuit-challenging-cure-procedures/
Texas:-Federal Judge Strikes Down Portions of Texas Voter Suppression Law S.B. 1: https://www.democracydocket.com/news-alerts/federal-judge-strikes-down-portions-of-texas-voter-suppression-law-s-b-1/
-Texas Governor Signs Election Bills Into Law, Including Two Aimed at Harris County: https://www.democracydocket.com/news-alerts/texas-governor-signs-election-bills-into-law-including-two-aimed-at-harris-county/
-How We Broke Voting Records in Harris County by Chris Hollins: https://www.democracydocket.com/opinion/how-we-broke-voting-records-in-harris-county/
On Feb. 8, 2024, the U.S. Supreme Court will hear oral argument in a case that will likely determine if Donald Trump is eligible for office following the Colorado Supreme Court’s decision to disqualify him from the state’s ballot under Section 3 of the 14th Amendment. Marc and Paige break down the central questions in this case and give an update on some of Trump's legal troubles.
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Resources:
-How the 14th Amendment Could Disqualify Trump and His Allies
-Trump and Section 3 of the 14th Amendment
-Case: Colorado Trump 14th Amendment Ballot Disqualification Challenge
-US Supreme Court To Decide If Trump Can Appear On Colorado Primary Ballot
-Maine Keeps Trump on the Primary Ballot Until Decision From U.S. Supreme Court
-179 Congressional Republicans File Brief Supporting Trump in Colorado Case Before SCOTUS
-House Democrats Urge Clarence Thomas to Recuse From Trump’s Colorado Case
Over 20 lawsuits are using the 14th Amendment to challenge former President Donald Trump’s eligibility to serve a second term in office due to his involvement in the January 6th Insurrection. Marc and Paige explain what these lawsuits are doing, the issues they face and when a decision might come on the issue.
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Resources:
-How the 14th Amendment Could Disqualify Trump and His Allies
-The U.S. Court System, Explained
-Profiles in Cowardice
-Donald Trump’s Plot Against America
-A “Big Lie” Ring Leader Becomes Speaker of the House
Texas Congresswoman Jasmine Crockett joins Marc to discuss voter suppression in Texas, the cowardice of Republicans to stand up for democracy and what gives her hope. Plus, her thoughts on George Santos’ expulsion from Congress.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Resources:
-Profiles in Cowardice by Marc Elias
-Santos, McCarthy and the Shameless Republican Party by Marc Elias
-The Real Reason Why Texas Republicans Are Criminalizing the Vote by Delilah Agho-Otoghile
-Battling for Democracy in the Lone Star State by State Rep. Julie Johnson
Section 2 of the Voting Rights Act was having a good year — until the 8th Circuit ruled that there’s no private right of action under the statute. Marc and Paige break down that the 8th Circuit’s decision means, new threats facing the Voting Rights Act and a group of new lawsuits seeking to protect ballot access using lesser-known parts of the landmark law.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Resources:
Lawsuits:
-Alabama Congressional Redistricting
-Louisiana Congressional Redistricting
-Georgia Congressional Redistricting
Articles:
-Federal Judge Rules North Dakota’s Legislative Districts Violate Voting Rights Act, Orders New Map
-Federal Judge Rules Washington State’s Legislative Map Violates Section 2 of the Voting Rights Act
-5th Circuit Panel Asks to Overturn Its Own Precedent, but Affirms Galveston County, TX Violated the Voting Rights Act
-8th Circuit Rules Private Plaintiffs Cannot Sue Under Section 2 of Voting Rights Act
-The U.S. Court System, Explained
-The Conservative Legal Movement’s Latest Target
-A Constellation of Anti-Voting Groups Threaten Democracy
-Using Lesser Known Portions of the Voting Rights Act, New Lawsuits Aim To Protect Voters
Democracy was on the ballot this past Election Day — and it won. Marc and Paige discuss major takeaways from this year’s election and what it means for 2024.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Resources:
Ohio:
-Article: Ohio Voters Overwhelmingly Approve Abortion Rights Amendment
-Article: Ohio Secretary of State Quietly Removes 26,000+ Ohioans From Voter Rolls
-Article: Ohio Voters Defeat Attempt to Raise Ballot Measure Threshold
-Article: LaRose Rewrites Abortions Rights Amendment Summary With Misleading Language
-Lawsuit: HB 458 Challenge
-Lawsuit: Ohio Reproductive Freedom Language Challenge
Virginia:
-Article: Virginia Groups Condemn Youngkin Administration for Illegal Voter Purge
Kentucky:
-Article: Lawsuit Challenging Kentucky’s Rights Restoration Process Dismissed
Pennsylvania:
-Article: Democrat Dan McCaffery Wins Pennsylvania Supreme Court Seat
-Article: Pennsylvania Supreme Court Blocks Counting of Wrongly Dated & Undated Ballots
-Article: What’s at Stake in Pennsylvania’s State Supreme Court Race?
-Hinds County, Mississippi:
-Article: Hinds County Experiences Election Day Meltdown
Spanish-Language Ballot Access:
-Lawsuit: Union County, New Jersey Spanish Voting Materials
-Lawsuit:York County, Pennsylvania Spanish Voting Materials
Marc Elias answers the top questions from Defending Democracy listeners about democracy, voting rights, and litigation. Plus, Marc shares what gives him hope for the 2024 election.
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Resources:
- Marc Elias: A “Big Lie” Ring Leader Becomes Speaker of the House
- Marc Elias:The “Big One” Missing From Trump’s Indictment
- Defending Democracy Podcast: How Thousands of Mississippians Could Get Their Right to Vote Back
Recently, labor unions have exercised power in ways not seen in decades. Former political director of the AFL-CIO Mike Podhorzer joins the podcast to discuss the surge of activity in the labor movement, how the fight for democracy and labor rights are connected and what you should look out for as we get closer to the 2024 election.
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Resources:
- Subscribe to Mike Podhorzer’s Substack
- Marc Elias: We Cannot Out-Organize Voter Suppression
Across the country, there are growing reports of small groups and individuals harassing voters, challenging people’s rights to vote and spreading election disinformation. This movement of election vigilantism is poised to become one of the biggest threats to the 2024 elections. Marc and Paige break down exactly what these groups are doing, the new technologies supporting their work and how to stop them.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Shop Democracy Docket merch! Use code THANKYOU10 at checkout for 10% off your order of $25 or more. Offer expires Oct. 31, 2023.
Resources:
- New York Voters Intimidated By Individuals Impersonating Elections Officials
- Virginia Attorney General Warns Right-Wing Group To Stop Sending False Info to Voters
- The Growing Threat of Republican Election Vigilantes
- The Republican Party's Voter Fraud Vigilantes
- The Right's Dangerous and Unreliable Alternative to ERIC
- New Mexico Case: Voter Reference Foundation v. Balderas
The redistricting cycle is far from over. Litigation over congressional maps continues in 12 states, but in 5 key southern states, there is a path for fair maps in 2024. Marc and Paige break down these states — Alabama, Louisiana, Georgia, South Carolina and Florida — where they’re at in the litigation process and why every American should care.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Resources:
- Alabama
- Case page
-
Alert: After Unprecedented Defiance, Alabama Finally Has a Fair Congressional Map for 2024
-
Louisiana
- Case page
-
Alert: US Supreme Court Denies Petitioners in Louisiana Redistricting Case Emergency Relief
-
Georgia
- Case pages
-
Nearly Two Years Later, Georgia’s Congressional Map Heads to Trial
-
South Carolina
- Case page
-
Takeaways from Supreme Court Arguments Over South Carolina’s Congressional Map
-
Florida
- Case pages
- Alert: Florida’s 5th Congressional District Heads to Federal Trial
- Alert: Florida Judge Strikes Down DeSantis Congressional Map for Diminishing Black Voting Power in North Florida
When the U.S. Supreme Court overturned Roe v. Wade in the Dobbs decision, it was allegedly returning the question of abortion to the states and voters. However, the same forces that work to reduce abortion access also aim to suppress voters. Skye Perryman, CEO of Democracy Forward, joins the podcast to discuss how the fight for abortion access is connected to the fight for democracy and you can’t have one without the other.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Resources:
- Learn about Democracy Forward’s lawsuit fighting to secure mifepristone access
- Marc Elias: A Constellation of Anti-Voting Groups Threaten Democracy
- Katy Shanahan: Abortion Rights Are at the Center of Ohio GOP’s Latest Attack on Democracy
- Alert: Ohio Supreme Court Orders Small Tweak to GOP Rewrite of Abortion Amendment Ballot Language
- Alert:Abortion Amendment Will Be On Ballot This Fall, Ohio Supreme Court Rules
Republicans in North Carolina are taking voter suppression and election subversion to a new level. Anderson Clayton, chair of the North Carolina Democratic Party, joins to discuss anti-democratic acts from the GOP, redistricting, how she plans to engage young and rural voters, plus, who exactly is the interim speaker of the U.S. House?For a transcript of this episode, please email transcripts@democracydocket.com.Donate to the North Carolina Democratic Party.Volunteer with the North Carolina Democratic Party.
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Resources:
Alert: S.B. 749
Alert: S.B. 747
Article: The North Carolina Supreme Court Attacked Democracy in Broad Daylight by Anderson Clayton
Article: How North Carolina Democrats’ Youngest Party Chair Plans To Protect Voting by Mac Brower
America is facing a judicial crisis. From lower courts to the U.S. Supreme Court, it’s clear that reform is needed to protect democracy and secure our rights. And as the Supreme Court is about to start a new term, change is needed more than ever. Rakim Brooks, Democracy Docket contributor and president of the Alliance for Justice, joins to discuss the issues plaguing the judiciary and what reforms are needed.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Read Rakim’s articles on Democracy Docket
In a Major Victory, the Supreme Court Didn’t Break Democracy by Marc Elias
Here Are the Leading Reforms to the Federal Judiciaryby Devon Hesano
The Wisconsin GOP has a new scheme: remove the state’s top elections official and impeach newly-elected state Supreme Court Justice Janet Protasiewicz. Why? So they can cling to majority rule with minority support and avoid accountability. Democratic Leader of the Wisconsin Assembly Rep. Greta Neubauer explains what’s going on, why Republicans are doing this and what she thinks will happen.
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In August, the 5th Circuit struck down a Jim Crow-era provision of the Mississippi Constitution that permanently disenfranchised Mississippians with certain felony convictions. The 2-1 opinion held that the provision violates the 8th Amendment’s prohibition on cruel and unusual punishment.
Paloma Wu of the Mississippi Center for Justice and Hannah Williams of Mississippi Votes join Marc Elias to discuss Mississippi's harsh felony disenfranchisement law, how it affects people on the ground and the innovative lawsuit fighting for these communities.
Support the work of the Mississippi Center for Justice and Mississippi Votes
Resources:
Alert: 5th Circuit Strikes Down Mississippi’s Jim Crow Era Felony Disenfranchisement Provision
Mississippi Votes' Rights Restoration page
Hopkins v. Horsemann Case Page
"The Supreme Court Allows a Relic of White Supremacy To Remain in Mississippi’s Constitution" by Rob McDuff
Felony Disenfranchisement, Explained
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The U.S. Supreme Court wrapped up its latest term last month, issuing decisions affecting elections, affirmative action, student loan relief and more as justices faced allegations of ethics violations. Marc and Paige discuss the rulings in the face of falling confidence in and support for the nation’s highest court.
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Related links:
Allen v. Milligan
Moore v. Harper
John Roberts’ Last Word Is Not the Final SayThe U.S. Supreme Court’s Supreme Takeover
A Dangerous Legal Theory Is Rejected
Revisiting Moore v. Harper and the Threats to Democracy
State legislative sessions are wrapping up across the country, and with that, the best and worst election bills are being enacted. Marc and Paige recap the types of voting bills Republican-led states prioritized enacting this year compared to those in Democratic-led states.
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Related links:
The Anti-Voting Bills Republicans Enacted This Legislative Season
These States Made Voting Easier This Year
Texas Republicans Want To Take Houston’s Power Away
The Republican Election Law That Could Bankrupt Our Elections
On Thursday, June 8, the U.S. Supreme Court issued a 5-4 decision in Allen v. Milligan that leaves Section 2 of the Voting Rights Act intact and, in a landmark win for voters, struck down the state’s congressional map. Marc and Paige are joined by Abha Khanna, one of the attorneys who argued the case before the Supreme Court, to break down what the decision means for voters, why it is a victory for democracy and how it’ll impact future redistricting cases.
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U.S. Supreme Court Strikes Down Alabama Congressional Map, Upholds Voting Rights ActIn a Major Victory, the Supreme Court Didn’t Break Democracy
Breaking Down the Supreme Court’s Voting Rights Act Decision Out of Alabama
How the U.S. Supreme Court’s Decision in Allen v. Milligan Will Impact Ongoing Redistricting Litigation
Cases:
Allen v. Milligan
Ohio Republicans are taking a sledgehammer to democracy. In their latest act, the Ohio GOP has passed a proposal to make it more difficult for voters to amend their own state constitution by increasing the threshold for state constitutional amendments to pass, despite overwhelming public opposition. To make matters worse — they’re pushing an allegedly illegal August election to ram through the proposal before Ohioans are expected to vote on a pro-choice abortion measure in November.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Abortion Rights Are at the Center of Ohio GOP’s Latest Attack on Democracy
Despite Broad Public Opposition, Ohio GOP Pushes Its War on Democracy
Ohio Resolution Restricting Ballot Measures Will Head to Voters
Cases:
Ballot language lawsuit
August election lawsuit
Marc sits down with former U.S. Rep. Mondaire Jones (D-N.Y.) to discuss the Congressman’s experience in the U.S. House, the future of federal voting rights legislation, New York’s antiquated voting laws and what’s next for Mondaire Jones.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Congressional Black Caucus letter to the DOJ
Voter registration in the U.S. is out of date and in desperate need of an update. Marc Elias sits down with Andrea Hailey of Vote.org — the nation’s largest nonpartisan digital voter engagement organization — to discuss voter registration, the outdated voter technology in America and legislation targeting how and when people can register to vote.
For a transcript of this episode, please email transcripts@democracydocket.com.
Check out Vote.org.
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The Little Known Rule That Makes It Harder to Register to Vote
Vote.org Georgia lawsuit
Vote.org Texas lawsuit
Vote.org Florida lawsuit
The U.S. Supreme Court is poised to issue rulings in two major elections cases — Moore v. Harper and Allen v. Milligan — in the next few months. In this episode, we discuss the potential ways the Supreme Court could decide these cases and how each ruling would impact voters and democracy. However the Court decides to rule will impact the voting rights of millions of Americans across the country.
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Moore v. Harper
Allen v. Milligan
What is the independent state legislature theory?
HOW SCOTUS can rule in Moore v. Harper
How SCOTUS can rule in Allen v. Milligan
North Carolina Supreme Court Reverses Decision, Permits Partisan Gerrymandering
Youth voters are making a difference in elections across the country. Instead of celebrating this increased turnout or Instead of changing its policies to win young voters' trust and support, Republicans would rather enact laws that suppress them from voting. We discuss the latest Republican attacks on the youth vote.
For a transcript of this episode, please email transcripts@democracydocket.com.
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Here’s How the 26th Amendment Protects Voting Rights
Cleta Mitchell Recording
Attacking the Youth Vote on Florida’s College Campuses
It’s Harder for Young People To Vote
Young Voters Turned Out in Droves Despite Barriers
New Hampshire Moves To Limit Student Voting
Cases:
Idaho state lawsuit
Idaho federal lawsuit
Ohio lawsuit
After years of extreme gerrymandering and suppressive voting laws to block opposition, Republican-led states are now enacting laws explicitly targeting their Democratic-leaning cities and counties — particularly in how they conduct elections. In states like Tennessee, Texas, Mississippi, Louisiana and North Carolina, GOP lawmakers are determined to strip power away from the states’ bluest areas.
For a transcript of this episode, please email transcripts@democracydocket.com.
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The Depth of the Tennessee GOP’s Disdain for Democracy
“An Unprecedented Disenfranchisement”: How Republicans Are Stripping Nashville of Political Power
Tennessee General Assembly Expels Two Black Lawmakers in Latest Attack on Democracy
Texas Senate Passes Bill To Seize Control of Elections from Local Authorities
This 1986 Louisiana Case Is Back in Court 40 Years Later
Mississippi Continues To Deny Black Americans Political Power
Letter from Birmingham Jail
From attempts to overturn election results to county officials refusing to certify vote totals and Republicans’ continued attacks on mail-in voting, Pennsylvania has seen its fair share of election drama over the past few years. Marc sat down with U.S. Rep. Mary Gay Scanlon (D) of Pennsylvania’s 5th Congressional District to discuss recent election issues in the Keystone State and how they highlight the dire need for federal voting rights legislation.
For a transcript of this episode, please email transcripts@democracydocket.com.
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A Constitutional Crisis Is Brewing in Pennsylvania
When Election Officials Refuse To Certify Complete Election Results
Message to Counties: Certifying Elections Is Not Optional
50 States of Lawsuits: Pennsylvania
Act 77 lawsuits: Bonner v. Chapmanand McLinko v. Degraffenreid
Wisconsin has long been an important swing state for presidential elections, but it has grown into a major battleground in the fight for democracy. All eyes are on the Wisconsin Supreme Court race that will determine decisions related to gerrymandering, abortion access and the 2024 presidential election. Wisconsin Democratic Party Chair Ben Wikler joins to discuss what’s at stake in the April 4 election, Republicans’ continued attacks on democracy and how people — in and out of state — can help.
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For a transcript of this episode, please email transcripts@democracydocket.com.
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The Wisconsin Win: Investing in Long-term Infrastructure by Ben Wikler
Meet Wisconsin’s Proudest Vote Suppressor by Marc Elias
Meet the Wisconsin Supreme Court Candidates Who Want To Protect Democracy
Debunking the Wisconsin Supreme Court’s Drop Box Opinion
50 States of Lawsuits: Wisconsin
Civil and voting rights groups have long challenged voter suppression laws and unfair maps in court using federal voting rights protections. But the conservative legal movement is now arguing that individuals and groups cannot bring these lawsuits — only the U.S. Department of Justice can — proposing that there is no private right of action in crucial federal voting laws. If courts endorse this concept, laws like the Voting Rights Act would be severely undermined and become largely unenforceable. Marc and Paige discuss where this surge of private right of action lawsuits came from, the current cases pushing this theory and what could potentially happen.
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The Conservative Legal Movement’s Latest Target
Private Right of Action, Explained
This Civil Rights Provision Protects Your Vote from Simple Mistakes
Is the DOJ Doing Enough To Protect Voting Rights?
Case pages:
Vote.org v. CallanenArkansas State Conference NAACP v. Arkansas Board of ApportionmentBrnovich v. Democratic National Committee
In 1876, North Carolina added a felony disenfranchisement provision to its state constitution with the express purpose of disenfranchising Black voters. The provision remains in place today and is being challenged in Community Success Initiative v. Moore. The outcome of the case is currently pending before the North Carolina Supreme Court and will determine if individuals on probation, parole or post-release supervision — over 56,000 North Carolinians — have the right to vote. We’re joined by Forward Justice Co-Director, and attorney in the case, Daryl Atkinson to discuss what’s at stake in this crucial lawsuit.
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The History of Felony Disenfranchisement in North Carolina
North Carolina’s Felony Disenfranchisement Law Heads to Court
Inside Forward Justice’s Fight To Restore Voting Rights to 56,000 North Carolinians
Community Success Initiative v. Moore
Mississippi passed a bill to create an unelected court system in Jackson, a city with a Black population of over 80%, with judges appointed entirely by white state officials. Unfortunately, the proposed court system is just the tip of the iceberg in a state with a long history of undermining Black political power. We’re joined by Arekia Bennett-Scott, the executive director of Mississippi Votes and Mississippi Action Fund, to discuss the history of anti-democratic legislation, the slew of bills targeting Jackson and what people can do to help.
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Mississippi Continues To Deny Black Americans Political Power
Support Mississippi Votes
Sign the petition against HB 1020
The book Arekia mentions is Redemption: The Last Battle of the Civil War by Nicholas Lehmann
There are 17 states where Democrats control the governorship and both chambers of the state legislature. These so-called “trifectas” should use their power to pass robust legislation to protect the right to vote in their states. Marc and Paige discuss five voting laws that all blue states should pass this year.
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Five Voting Laws Needed To Protect Democracy
The Worst Provision of a Very Bad Law
Poll Watchers: Republicans’ Latest Weapon
Message to Counties: Certifying Elections Is Not Optional
The Independent State Legislature Theory
The U.S. Supreme Court is already poised to issue decisions in two major elections cases that could fundamentally alter American democracy, but there are more voting rights cases coming its way. Marc and Paige discuss what’s next on the Supreme Court’s docket and what’s at stake.
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North Carolina Supreme Court Will Rehear Two Voting Rights Cases With New GOP Majority
The Independent State Legislature Theory
Case pages:
Moore v. HarperMerrill v. MilliganOhio Congressional Redistricting: Neiman v. LaRoseSouth Carolina Redistricting: South Carolina NAACP v. AlexanderMississippi Congressional Redistricting:Buck v. ReevesMississippi Felony Disenfranchisement:Harness v. WatsonMaryland Mail-in Ballots: Cox v. Maryland State Board of ElectionsKansas Congressional Redistricting: Rivera v. Schwab
A major voter intimidation case out of Georgia went to court this week. Fair Fight Action sued True the Vote, a Texas-based, right-wing "election integrity" group, for illegaly intimidating voters after the group challenged the voter eligibility of over 364,000 Georgians in the run-up to the 2021 Senate runoff elections. Marc and Paige break down how voter challenges like these work and their impact on voters.
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Related links:
University of Georgia Poll
Challenging Someone Else’s Voter Eligibility Shouldn’t Be So Easy. But It Is.
Voter Testimony: Intimidation and Disenfranchisement in the Georgia Senate Runoffs
The Worst Provision of a Very Bad Law
U.S. Department of Justice Submits Brief in Georgia Voter Intimidation Case
True The Vote's connection to Clean Elections USA
Fair Fight v. True the VoteArizona Alliance for Retired Americans v. Clean Elections USA
North Carolina’s Republican-controlled Legislature wants the newly red state Supreme Court to rehear two major voting rights cases that they lost last term. Marc and Paige discuss how this is just North Carolina Republicans' latest scheme in its long history of undermining free and fair elections.
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GOP Lawmakers Want Re-do of Partisan Gerrymandering Case After North Carolina Supreme Court Flips
North Carolina Republicans Ask State Supreme Court To Rehear Photo ID Law
Read The Latest Gambit From North Carolina Republicans by Marc Elias
Read: Partisan Control Was on the Line in These State Supreme Court Races by Mac Brower
Shelby County v. Holder
Moore v. Harper
Holmes v. Moore
Community Success Initiative v. Moore
On the 13th anniversary of Citizens United and the 50th anniversary of Roe v. Wade, we’re joined by special guest Sen. Sheldon Whitehouse (D-R.I.) to discuss issues facing the judiciary and the network of anti-democratic forces influencing our courts.
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Related links:Moore v. Harper Case Page
Merrill v. Milligan Case Page
American Tradition Partnership, Inc. v. BullockRead Sen. Whitehouse’s amicus brief in Moore v. HarperRead Sen. Whitehouse’s book The Scheme: How the Right Wing Used Dark Money to Capture the Supreme CourtRead A Constellation of Anti-Voting Groups Threaten Democracy by Marc Elias
Marc and Paige discuss what they expect during upcoming legislative sessions and our new litigation report, with a side of Rep. George Santos (R-N.Y.) shenanigans.
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Related links:Alert: New York Senate Passes Bill Removing Line-Warming Ban
Alert: Proof of ID to Vote Amendment Passes Pennsylvania Senate
Alert: Voter Sues Judge Who Dismissed Kari Lake’s Election Contest
2022 Litigation Report: How Republicans Lost and Voters Won in Court
In a bonus episode of Defending Democracy, Marc and Paige discuss Ohio’s new voter suppression law, exactly what it does, why it’s so harmful to voters and the lawsuit already filed challenging it.
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Alert: Ohio Governor Signs Strict Photo ID Bill Into Law
Alert: Ohio Organizations Sue Over State’s New Voter Suppression Law
Lawsuit Over H.B. 458 Case Page
On the second anniversary of the Jan. 6 insurrection, House Republicans still can’t elect a Speaker, a federal court issued a victory for voters in South Carolina and we’re gearing up for a new wave of redistricting litigation in 2023.
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Alert: Biden Signs Electoral Count Reform Act Into Law
Read: Naming the Insurrection by Marc Elias
Read: It Is Time to Reform the Electoral Count Act by Marc Elias
Read: How Gerrymandering Helped Republicans Win the House
Alert: Federal Court Strikes Down South Carolina Congressional District
Alert: Texas Lawmakers Prefile Over 70 Election and Voting Bills
In an impromptu episode, Marc and Paige discuss the status of the five Republican election contests in Arizona and Kari Lake's trial. Plus, get Marc’s thoughts on Congress passing the Electoral Count Reform Act in the omnibus spending bill.
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Related links:
- Alert: Arizona Court Dismisses GOP Lawsuit Asking to “Annul” Election Results
- Alert: Arizona Judge Dismisses Finchem Election Contest
- Alert: Arizona Judge Dismisses Majority of Kari Lake’s Claims in Gubernatorial Election Contest
- Alert: Kari Lake’s Governor Election Contest Completes First Day of Trial
- Alert: U.S. Senate Passes Electoral Count Reform Act
- Read: “It Is Time to Reform the Electoral Count Act” by Marc Elias
- Kari Lake’s Governor Election Contest Completes First Day of Trial
- Kari Lake’s Governor Election Contest Completes Second Day of Trial
- Josh Barnett’s Election Contest Case Page
- Mark Finchem’s Election Contest Case Page
- Sonny Borrelli’s Election Contest Case Page
- Kari Lake’s Election Contest Case Page
- Abe Hamadeh's Election Contest Case Page
In the last episode of Defending Democracy of 2022 — and the first episode via podcast — Marc and Paige talk about election challenges in Arizona, how oral argument in Moore v. Harper went, the future of Georgia runoff elections and what to expect in 2023.