I’m proud to be part of the attorney team representing the Navajo Nation as an amicus in Louisiana v. Callais. Section 2 of the Voting Rights Act is critical to protecting voters in Indian Country. #NativeVote

This event was a highlight of last semester for me. MSU are great hosts and Quinn has a wonderful knack for identifying creative, engaged, and enthusiastic scholars! It was one of those events that leave you excited about your work. Highly recommend!

not just that he has no constitutional authority, there isn't even any particular legal or institutional mechanism by which the president can make anyone treat this as anything other than a weird advisory opinion.

What Louisiana is doing in the Voting Rights Act case — see @rickhasen.bsky.social: electionlawblog.org?p=151805 — is a more extreme iteration of what Mississippi did in Dobbs, blowing up a case at SCOTUS by bringing an extreme argument late in the game b/c the SCOTUS majority signaled it wants it.

Now up on SSRN: papers.ssrn.com/sol3/papers.... Just in time to think about Section 2 VRA compliance minority-majority districting and the 14th/15th amendments. 👀

Voter protection efforts have been organizing against government led intimidation. I know this because I’ve worked on those efforts and have worked against police presence outside/inside the polls in communities of color in 2018, 2020, 2022, and 2024.

Very pleased to share my newly published "Indigenizing Legal Republicanism," out with the Yale Journal of Law & the Humanities. What can a neorepublican lens (eliminating domination) offer Indigenous Peoples Law? How can Indigenous philosophy refine legal republicanism?

Very timely and very important!

I hate this framing from The New York Times. It assumes that Smithsonian exhibits are "divisive or ideologically driven." The White House hasn't provided a single example of such an exhibit. Even more laughable is the assumption that the Trump administration has any interest in historical accuracy.

Supreme Court Fast-Tracks Potential Demolition of Section 2 of Voting Rights Act by Setting Argument October 15 in Louisiana Case, Possibly in Time to Affect 2026 Midterm Elections electionlawblog.org?p=151533

A sneak preview: my article "American Indian Geopolitical Rights" is a labor of passion. Through this article, I consider the interests that American Indians have in land and how we should reimagine electoral geography and law in cognizance of these interests I term "Indian Geopolitical Rights."

It doesn't get much more John Roberts than the trajectory from "don't worry about us ruling preclearance unconstitutional when Section 2 remains in force" to "whoops, come to think of it Section 2 is also unconstitutional"

This is the most comforting post that I - and my 83 page draft article - have seen all summer.

@toreydolan.bsky.social comments on an Oklahoma Supreme Court decision to apply state income taxation to Native Americans living and working on tribal land, highlighting that the ruling contravenes a Supreme Court precedent. Read the @bloomberglaw.com story: news.bloomberglaw.com/daily-tax-re...

BREAKING: Federal judge bars enforcement of the part of Tennessee's "abortion trafficking" law that criminalizes "recruiting" minors to obtain abortions on First Amendment grounds, finding that the law is unconstitutionally overbroad b/c it criminalizes communication about lawful abortions.

BREAKING: The U.S. Supreme Court holds that a district court cannot enforce its remedy order providing due process to the 8 people the Trump admin sent out of the U.S. (who are now in Djibouti) in violation of the injunction in the third country removals case, which the Supreme Court later stayed.

BREAKING: The 8th Circuit has denied a request for the full court to review a ruling that struck down a tool to protect minority voters under the federal Voting Rights Act in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota, setting up a potential Supreme Court appeal

NEW: SCOTUS shoots down a federal judge’s effort to protect eight men from being expelled—without due process—to South Sudan, where they face torture and death. Dissenting, Sotomayor says the court’s “indefensible” decision makes it complicit in “lawlessness.” www.supremecourt.gov/opinions/24p...

A conservative Arizona Supreme Court justice is warning that the Trump administration is "doing violence" to the Constitution and publicly expressing his concerns about the emerging risk of "authoritarianism." www.azcentral.com/story/news/l...

The Oklahoma Supreme Court (post-McGirt v. Oklahoma) has been making a mockery of law through its egregious and incoherent misapplication of fundamental Indian law principles. Yesterday, they did so once again re: income taxes: turtletalk.blog/wp-content/u...

I dunno, man, it seems like these are public property?

What do you call a court that says parents have a constitutional right to prevent their kids from seeing storybooks with gay people at school, but no right to provide their children with access to gender-affirming health care?

In an unusual move from the Supreme Court, it will not issue a decision on the constitutionality of Louisiana's congressional map today. Instead, the Court will rehear the case next term. Professor @toreydolan.bsky.social comments:

For no reason other than pure Thomas-ness, his dissent signals a desire to gut one of the most successful civil rights statutes in U.S. history in favor of a horrific rigid reading of the constitution. I expect his dissent to be incorporated into the next round of arguments.

What’s *fun* about today is that my feed is full of tweets about new horror SCOTUS has wrought, but there’s multiple cases so the posts demonstrate a range of horrors.

The propensity of this Court to just wander in and take a baseball bat to everything it sees in the name of judicial restraint is really something to behold.

Oh…cool….

Who knew the Oklahoma City Thunder were so excited for me to come to NAISA.

I’m headed to the Native American and Indigenous Studies Association conference in OKC. 🪶 I’m participating in one panel and one roundtable. Can’t wait to be extra nerdy and extra Choctaw.

Louisiana v. Callais is going to drop as soon I set time aside to relax and enjoy the outdoors, I bet.

Skimmed the news coming out of SCOTUS

Does someone on the SCOTUS bench have a bouncy ball or something? Or a fidget toy? What is this noise when Alito is speaking?

BREAKING: 8th Circuit panel rules Voting Rights Act’s Section 2 protections against racial discrimination can’t be privately enforced under Section 1983 of Title 42 in 7 states. Ruling comes from a redistricting lawsuit by tribal nations in North Dakota www.documentcloud.org/documents/25...

Legal arguments are not like political slogans -- they don't go from being fringe to mainstream just because a politician promotes them. They can be popular and/or embraced by a president and still be fringe arguments.

I don’t want to see any DOJ or Solicitor filings from this administration arguing the unitary executive theory.

Lisa Blatt calling SCOTUS a bunch of lazy bums during oral argument takes the early running for one of the funniest things to happen all year. This delights me.

Has anyone surveyed the rate at which SCOTUS hears oral argument before the underlying case is decided on the merits? As compared to the Court’s overall docket?

I highly recommend asking students to make law related memes or case rule visuals for extra credit. 10/10 entertaining.

The district court's opinion partially & temporarily blocking key parts of Trump's executive order on elections is careful, persuasive, and seems very likely to be upheld on appeal, even before this Supreme Court. The key point: Presidents don't have authority to regulate federal elections:

Finished reading this and it’s excellent. It plainly lays out why the new theories against birthright citizenship are flawed and some of the work produced by law professors have used “deceptive” and “unscholarly” quotation practices to make their claims.

You ever read a piece of scholarship and get so frustrated you just have to stare at the wall for a few minutes before you continue? Just me?

With everything that’s going on in the law and the academy, I find myself returning to Professor Robin West’s “The Ethics of Normative Legal Scholarship” scholarship.law.marquette.edu/mulr/vol101/...

I see we are in the “[unambiguous legal requirement] shall be disregarded, for I command it” phase

- Crawford defeats Schimel/Musk - Brewers defeat Royals, first win of the season after a brutal start - just saw video of a cyber truck being towed after parking in a pedestrian mall a few blocks from my place Nice night for Wisconsin.

Voted today in the Badger State! 🦡

The entire point of depriving courts of jdx by disappearing people from the country in the middle of the night and without due process is to suggest the administration can do whatever it wants and it is final. So, now an innocent father has been thrown to the wolves they’ll shrug their shoulders.