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No Exit? The Roberts Court and the Future of Election Law
Author: Richard L. Hasen
Published: 57 S.C. L. Rev. 669 (2006)
This Article examines the future of the Supreme Court’s election law jurisprudence in light of the death of Chief Justice Rehnquist and the retirement of Justice Sandra Day O’Connor. Professor Hasen provides his thoughts on the future of election law in four areas: campaign finance, voting rights, partisan gerrymandering, and “nuts-and-bolts” election administration issues. He argues “that five to ten years from now, the ground rules for American political competition could undergo a major change. Within the next decade, we could see deregulation of campaign financing and a limitation of congressional power to impose national solutions to minority voting rights problems. We could also see the Court upholding state power to both redistrict for partisan gain and impose increasingly draconian election administration tools in the name of fraud prevention.” Professor Hasen concludes, “For those who look to the courts for the promotion of political equality, the signs are not encouraging.”
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