NEW: The U.S. Supreme Court has received an emergency request from Republican Rep. Nicole Malliotakis of New York to pause a state judge’s order for a new congressional map that would redraw Malliotakis’ district, which the judge found illegally dilutes Black and Latino voters’ collective power

NEW: @naleoofficial.bsky.social says if the Census Bureau moves forward with its planned cutbacks to the 2026 Census Test, they will "set the Bureau up to fail in 2030 by sabotaging its ability to obtain a fair and accurate count of Latinos and the nation’s population as a whole"

Timely and needed!

LOL

Skimmed this piece out of pure masochism and despite all its legalese, there seems to be no engagement with the doctrine of aboriginal title or the reality that the Senate’s refusal to ratify the California Indian Treaty clouds land claims in California.

As far as I know, this is DHS's first effort to explain their position that I-205 forms allow entry into the home. They rely on the dicta in the 1960 Abel case (before Payton) and re-imagine the plurality opinion in Lucas as if it were the majority (and then overrely on it).

As expected, #SCOTUS denies the emergency application to block California’s congressional redistricting—with no public dissents. Among other things, this is also a good addition to the “be cynical but not nihilistic about the Court” file.

Leaving aside the rest of the inappropriateness of this, I wanna know how enforcement works. Does the Supreme Court file suit in district court?

Happy February!

Federal District Court Strikes Down Some Parts of President Trump’s Executive Order on Voting, Including One Requiring Federal Voter Registration Forms to Require Documentary Proof of Citizenship electionlawblog.org?p=154068

This is outrageous. www.nytimes.com/2026/01/30/u...

If you as a legal scholar are going to get out of your field and dip your toes into Indian Law to bolster the anti-birthright citizenship executive order, the least you could do is use the legally correct terminology of “Indian” in your brief.

"ICE will leave Minnesota if you hand over your voter rolls" tells you everything you need to know. This was never about immigration or fraud. It was always about rigging elections.

Absolutely reprehensible that AG Bondi is offering ICE stand down in exchange for access to voting rolls. Outrageous and disgusting. It shows ICE is in Minneapolis is not for law enforcement purposes. Instead it’s a way to stir up shit in blue states and extort them.

As tens of thousands across America protest the violence that ICE sows with impunity, federal agents shot and killed another person in Minneapolis today.

ICE terrorizes our cities. ICE puts us all in danger. Abolish ICE.

This sure seems more like the tyranny the Constitution is supposed to protect against than forgiving student loans.

what if you just put the standard (D) next to his name and didn’t immediately both sides an obvious execution

A month ago I wrote for SCOTUSblog about what we can learn from the Fugitive Slave Act - and as importantly, from the resistance to it. Seems appropriate to re-up today, in honor of the general strike in Minnesota. www.scotusblog.com/2025/12/the-...

!!!! "Aides to Todd Blanche directed the U.S. Atty’s office and FBI agents based in MN to shut down a civil rights investigation into an officer’s fatal shooting of Renee Good and instead alter it to probe Good for possible criminal liability, according to three people briefed on the discussions."

New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings. Check it out here: go.wisc.edu/93o421 Read our deep dive on the legal issues here: go.wisc.edu/070765

And here we go….

A more permissive standing analysis for candidates to challenge election rules. Yet, voters (seeking to exercise what the court has recognized as a “fundamental” right) must file before an unknown date (Purcell) and the challenged rule simply goes through a balancing test (Anderson-Burdick).

I truly do not understand what the American legal academy is about these days.

#LandBack for the Greenlandic Inuit

I’m seeing lots of people on here misunderstand the purpose of ICE watch. It’s de-escalation. And it’s grounded in the social science of violence. 🧵

The Kavanaugh Stop has morphed from a stop to the Kavanaugh Canvas.

I’m proud to have worked with the Native American Rights Fund on an amicus brief on behalf of Native communities about the difficulties Native communities face when voting by mail: www.supremecourt.gov/DocketPDF/24...

Looks like ICE is now cracking down on … Native Americans. This letter was just posted by the chairman of the Standing Rock Sioux Tribe in North/South Dakota: “Our Nation is a sovereign government and our members are not immigrants. We are not subject to immigration enforcement on our own lands.”

State of play: Forensic reconstructions disprove the administration's account of events (NYT, WaPo, Bellingcat): bsky.app/profile/elio... Local investigators being denied access to evidence (AP): apnews.com/live/minneap... Demonstrators met with violence (CNN): bsky.app/profile/atru...

Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.

UW-Madison 5th in federal research in FY 2024, the highest ranking since 2014. Chancellor Mnookin noted the importance of the partnership with the federal government: "to tackle society’s greatest challenges, to generate discoveries..., to fuel the economy and to prepare students for the workforce."

50-60 million acres of this land is held in trust for sovereign Native nations. This was written by a professor who teaches at the most highly ranked law school in the country and who should have mentioned this. reason.com/volokh/2026/...

Me @ SCOTUS this term.

SCOTUS is sitting on a cert petition in a major Section 2 case about implied causes of action. There's likely a dissent from denial of cert or its being held for Callais. This has very worrisome implications for the VRA's constitutionality. electionlawblog.org?p=153412

Is government unconstitutional?

ICYMI: The Supreme Court hasn't finished weighing in on redistricting. Stay tuned for a ruling in a case about Louisiana's congressional map. Depending on the timing, a ruling that weakens Voting Rights Act protections against racial discrimination may lead to more gerrymandering before the midterms

Check the news. SCOTUS makes me mad. Stop reading the news. Rinse and repeat.

Out of all of my treaty rights that have been violated, the existence of the state of Oklahoma continues to be the absolutely worst. www.supremecourt.gov/DocketPDF/25...

UPDATE: Justice Alito Grants Administrative Stay: Texas Files Emergency Supreme Court Motion to Stay District Court Order Throwing Out 2026 Gerrymandered Maps for Congressional Elections; What Should We Expect at SCOTUS and When? electionlawblog.org?p=153164

The first mid-decade redistricting case is headed to the Supreme Court's shadow docket. Here's why the so-called Purcell Principle--which counsels against enjoining redistricting maps close to an election--should not apply here: electionlawblog.org?p=153101

NEWS: This is a 2-1 decision of a three-judge district court blocking the mid-decade Texas redistricting map as a racial gerrymander. It will (undoubtedly) be appealed, and it goes directly to the Supreme Court.

Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!

This column laments the “feminization” of law and academia. As a woman in legal academia, I love that my presence is so powerful as to ruin “the workplace.” Stay mad.

it me, the workplace ruiner

Women should have jobs, but Ross Douthat shouldn’t.

i was all in on mamdani until i found out that he called his dad's cousin his "aunt" instead of using the term we all know and love, "cousin once removed"

More news about states trying mid-decade redistricting 🙃