Rick Pildes
@rickpildes.bsky.social
Legal expert at NYU on issues concerning democracy and the structure of American government.
I don't think he's going to like @samuelmoyn.bsky.social's new book.
"The cult of youth represents the worst kind of identity politics and populism." | Jonah Goldberg in G-File
https://thedispatch.com/newsletter/gfile/antisemitism-populism-identity-politics/
https://thedispatch.com/newsletter/gfile/antisemitism-populism-identity-politics/
December 30, 2025 at 5:09 PM
I don't think he's going to like @samuelmoyn.bsky.social's new book.
The Court's action in the Chicago national guard case means that if a Pres. believes force is needed to protect federal personnel or property, he must use the US military rather than the national guard. In other words, the Court's opinion takes the national guard option off the table.
December 23, 2025 at 11:58 PM
The Court's action in the Chicago national guard case means that if a Pres. believes force is needed to protect federal personnel or property, he must use the US military rather than the national guard. In other words, the Court's opinion takes the national guard option off the table.
Reposted by Rick Pildes
This is not to say that a win for the challengers in this case would be terrible. I am persuaded by @rickpildes.bsky.social and Bob Bauer's argument that, given the deregulation of everything else, further deregulation in this case might in fact have beneficial consequences bsky.app/profile/rick...
Today the Supreme Court is hearing a major case on the First Amendment rights of political parties and campaign finance
Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process
Link in next post
Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process
Link in next post
December 9, 2025 at 4:49 PM
This is not to say that a win for the challengers in this case would be terrible. I am persuaded by @rickpildes.bsky.social and Bob Bauer's argument that, given the deregulation of everything else, further deregulation in this case might in fact have beneficial consequences bsky.app/profile/rick...
I've published this essay at Bloomberg Law on the Supreme Court's stay order in the Texas redistricting case
Decision has troubling implications for federal court oversight of state law election changes more generally.
news.bloomberglaw.com/legal-exchan...
Decision has troubling implications for federal court oversight of state law election changes more generally.
news.bloomberglaw.com/legal-exchan...
Justices’ Texas Map Order May Spur Last-Minute Voting Law Tweaks
Opinion: NYU Law's Rick Pildes says the SCOTUS ruling that it’s too close to the 2026 elections for courts to weigh in on Texas’ new maps risks giving states too much latitude to change voting laws be...
news.bloomberglaw.com
December 9, 2025 at 2:24 PM
I've published this essay at Bloomberg Law on the Supreme Court's stay order in the Texas redistricting case
Decision has troubling implications for federal court oversight of state law election changes more generally.
news.bloomberglaw.com/legal-exchan...
Decision has troubling implications for federal court oversight of state law election changes more generally.
news.bloomberglaw.com/legal-exchan...
Today the Supreme Court is hearing a major case on the First Amendment rights of political parties and campaign finance
Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process
Link in next post
Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process
Link in next post
December 9, 2025 at 1:46 PM
Today the Supreme Court is hearing a major case on the First Amendment rights of political parties and campaign finance
Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process
Link in next post
Bob Bauer and I published this essay on the case, arguing that money flowing through the parties, rather than outside groups, is better for the democratic process
Link in next post
After Trump v. Slaughter, will there be any independent entities left other than the Federal Reserve? This post addresses Congress' critical effort to ensure the federal election commissions could not be captured by one political party.
electionlawblog.org?p=153385
electionlawblog.org?p=153385
After Trump v. Slaughter, Will There Be Independent Agencies Other than the Fed: The Case of the Federal Election Agencies #ELB
As the Supreme Court’s Monday argument approaches in Trump v. Slaughter on the unitary executive branch theory and independent agencies, two outcomes already seem foreordained. The Court is likely to ...
electionlawblog.org
December 6, 2025 at 3:39 PM
After Trump v. Slaughter, will there be any independent entities left other than the Federal Reserve? This post addresses Congress' critical effort to ensure the federal election commissions could not be captured by one political party.
electionlawblog.org?p=153385
electionlawblog.org?p=153385
Reposted by Rick Pildes
I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu
A timely topic, sadly
lectures.princeton.edu/lectures/202...
A timely topic, sadly
lectures.princeton.edu/lectures/202...
Tanner Lecture on Human Values: David D. Cole
Progressives have increasingly lost faith in the First Amendment—at least as it has been interpreted and applied by the Supreme Court. They argue that free speech has been “weaponized” by big busines...
lectures.princeton.edu
November 9, 2025 at 4:12 PM
I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu
A timely topic, sadly
lectures.princeton.edu/lectures/202...
A timely topic, sadly
lectures.princeton.edu/lectures/202...
Just saw this, glad you enjoyed it.
Great discussion, especially appreciated @rickpildes.bsky.social thoughts on 'free-floating atoms' within organized parties - the power of connecting with constituents through social media. Well done, both of you.
November 10, 2025 at 10:43 PM
Just saw this, glad you enjoyed it.
Reposted by Rick Pildes
On Lawfare Daily, @klonick.bsky.social spoke to @rickpildes.bsky.social about his article, “Political Fragmentation in Democracies in the West,” the link between social media and threats to democracy, and the unique way this technology is now impacting the United States political system.
November 4, 2025 at 2:39 PM
On Lawfare Daily, @klonick.bsky.social spoke to @rickpildes.bsky.social about his article, “Political Fragmentation in Democracies in the West,” the link between social media and threats to democracy, and the unique way this technology is now impacting the United States political system.
Hat tip to @martylederman.bsky.social
Supreme Court seems unsure how to proceed in case about whether Trump can deploy National Guard in Illinois. Asks for additional briefing:
October 29, 2025 at 7:34 PM
Hat tip to @martylederman.bsky.social
Steve Skowronek has an essay today on "Authoritarianism Then and Now" at the NYU Democracy Project:
democracyproject.org/posts/author...
democracyproject.org/posts/author...
Authoritarianism Then and Now
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
October 22, 2025 at 2:21 PM
Steve Skowronek has an essay today on "Authoritarianism Then and Now" at the NYU Democracy Project:
democracyproject.org/posts/author...
democracyproject.org/posts/author...
On fusion voting and the NJ Supreme Court:
A new political party called the Moderate Party is challenging on state constitutional grounds NJ's ban on fusion voting. The court is considering whether to hear this challenge.
I published an essay urging the court to take the case. More below..
A new political party called the Moderate Party is challenging on state constitutional grounds NJ's ban on fusion voting. The court is considering whether to hear this challenge.
I published an essay urging the court to take the case. More below..
October 14, 2025 at 2:22 PM
On fusion voting and the NJ Supreme Court:
A new political party called the Moderate Party is challenging on state constitutional grounds NJ's ban on fusion voting. The court is considering whether to hear this challenge.
I published an essay urging the court to take the case. More below..
A new political party called the Moderate Party is challenging on state constitutional grounds NJ's ban on fusion voting. The court is considering whether to hear this challenge.
I published an essay urging the court to take the case. More below..
Here's an analogy. If the government imposes financial costs on you, you have standing. But if the government is beneficent and engages in spending you believe is illegal, it can be difficult to find anyone with standing to challenge.
Marty does not understand what's at stake in this case. Political parties and voters have always had standing to challenge voting rules they allege violate their rights, by BURDENING their right to vote. That's the Crawford case...
Materially less speculative--and thus more of a "substantial risk"--that the statute could affect the outcome of at least one election in the state, and therefore it saves the Dems some costs of getting those voters to the polls. Or so said the Court in Crawford (affirming Posner), anyway.
October 9, 2025 at 3:30 PM
Here's an analogy. If the government imposes financial costs on you, you have standing. But if the government is beneficent and engages in spending you believe is illegal, it can be difficult to find anyone with standing to challenge.
Marty does not understand what's at stake in this case. Political parties and voters have always had standing to challenge voting rules they allege violate their rights, by BURDENING their right to vote. That's the Crawford case...
Materially less speculative--and thus more of a "substantial risk"--that the statute could affect the outcome of at least one election in the state, and therefore it saves the Dems some costs of getting those voters to the polls. Or so said the Court in Crawford (affirming Posner), anyway.
October 9, 2025 at 3:19 PM
Marty does not understand what's at stake in this case. Political parties and voters have always had standing to challenge voting rules they allege violate their rights, by BURDENING their right to vote. That's the Crawford case...
When legal populists of the right mean legal populists of the left. Today's essay in the NYU Democracy Project from Jonathan Mitchell:
"Judicial Supremacy and American Democracy"
democracyproject.org/posts/judici...
"Judicial Supremacy and American Democracy"
democracyproject.org/posts/judici...
Judicial Supremacy and American Democracy
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
October 8, 2025 at 7:45 PM
When legal populists of the right mean legal populists of the left. Today's essay in the NYU Democracy Project from Jonathan Mitchell:
"Judicial Supremacy and American Democracy"
democracyproject.org/posts/judici...
"Judicial Supremacy and American Democracy"
democracyproject.org/posts/judici...
The Court heard oral argument today in an important election law standing case. I published in advance an essay on the case in Law 360, which is paywalled.
The question is when candidates for federal office can challenge election laws prospectively. For my view, see next post
The question is when candidates for federal office can challenge election laws prospectively. For my view, see next post
October 8, 2025 at 6:39 PM
The Court heard oral argument today in an important election law standing case. I published in advance an essay on the case in Law 360, which is paywalled.
The question is when candidates for federal office can challenge election laws prospectively. For my view, see next post
The question is when candidates for federal office can challenge election laws prospectively. For my view, see next post
Thanks for this comment, much appreciated.
This essay provides an excellent summary of Rick's important recent work on political fragmentation—which is undermining coherent and effective government across developed democracies. In PR systems, fragmentation occurs inter-party. In PV systems (like ours) fragmentation occurs intra-party.
"Democracies in the Age of Fragmentation," my essay in NYU's Democracy Project series, was published this week. Link here, brief excerpts to follow.
democracyproject.org/posts/democr...
democracyproject.org/posts/democr...
October 6, 2025 at 2:44 PM
Thanks for this comment, much appreciated.
"Democracies in the Age of Fragmentation," my essay in NYU's Democracy Project series, was published this week. Link here, brief excerpts to follow.
democracyproject.org/posts/democr...
democracyproject.org/posts/democr...
Democracies in the Age of Fragmentation
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
October 4, 2025 at 2:34 PM
"Democracies in the Age of Fragmentation," my essay in NYU's Democracy Project series, was published this week. Link here, brief excerpts to follow.
democracyproject.org/posts/democr...
democracyproject.org/posts/democr...
At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court.
democracyproject.org/posts/must-a...
democracyproject.org/posts/must-a...
Special Feature: Must Administrative Officers Serve at the President’s Pleasure?
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
September 29, 2025 at 12:59 PM
At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court.
democracyproject.org/posts/must-a...
democracyproject.org/posts/must-a...
Reposted by Rick Pildes
Delighted to share my latest, History and Fetishism in the New Separation of Powers Formalism, now live in the Penn Law Review!
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
August 9, 2025 at 9:33 PM
Delighted to share my latest, History and Fetishism in the New Separation of Powers Formalism, now live in the Penn Law Review!
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
Cass Sunstein wrote an essay I found intriguing called "The Morality of Legality." We decided to do a short video discussing the ideas in it.
papers.ssrn.com/sol3/papers....
@casssunstein.bsky.social
www.youtube.com/watch?v=SqlH...
papers.ssrn.com/sol3/papers....
@casssunstein.bsky.social
www.youtube.com/watch?v=SqlH...
The Morality of Legality: A Conversation between Cass Sunstein and Richard Pildes
YouTube video by NYU School of Law
www.youtube.com
July 23, 2025 at 2:26 PM
Cass Sunstein wrote an essay I found intriguing called "The Morality of Legality." We decided to do a short video discussing the ideas in it.
papers.ssrn.com/sol3/papers....
@casssunstein.bsky.social
www.youtube.com/watch?v=SqlH...
papers.ssrn.com/sol3/papers....
@casssunstein.bsky.social
www.youtube.com/watch?v=SqlH...
The Supreme Court's decision in Kennedy v. Braidwood Management is going to make it harder to claim that the President can only remove for good cause commissioners of the federal election agencies, the FEC and EAC.
I explain in this post: electionlawblog.org?p=150710
I explain in this post: electionlawblog.org?p=150710
How A Recent Supreme Court Decision Affects the President's Executive Orders Concerning the FEC and the ECA #ELB
Congress designed the Federal Election Commission and the Election Assistance Commission to be “independent agencies” in various respects. See, e.g., S. Rep. No. 93689, at 16 (1974) (emphasizing that ...
electionlawblog.org
June 30, 2025 at 9:14 PM
The Supreme Court's decision in Kennedy v. Braidwood Management is going to make it harder to claim that the President can only remove for good cause commissioners of the federal election agencies, the FEC and EAC.
I explain in this post: electionlawblog.org?p=150710
I explain in this post: electionlawblog.org?p=150710
Reposted by Rick Pildes
As @rickpildes.bsky.social and Bob Bauer discuss here, this issue challenges traditional campaign finance reform advocacy. There's a strong argument that leaving this in place while the rest of the law has been gutted weakens parties to the detriment of democracy. electionlawblog.org?p=150545
June 30, 2025 at 2:22 PM
As @rickpildes.bsky.social and Bob Bauer discuss here, this issue challenges traditional campaign finance reform advocacy. There's a strong argument that leaving this in place while the rest of the law has been gutted weakens parties to the detriment of democracy. electionlawblog.org?p=150545
Breaking news: the Supreme Court has granted cert on an important case raising issues about the role of political parties in the campaign finance system.
Last week, Bob Bauer and I blogged about the issues in this case and their significance: electionlawblog.org?p=150545
Last week, Bob Bauer and I blogged about the issues in this case and their significance: electionlawblog.org?p=150545
The Supreme Court, The Political Parties, and the SuperPacs #ELB
This post is co-written with Bob Bauer, NYU Professor of Practice who formerly represented in private practice national and state Democratic Party committees: Later this week, the Supreme Court will c...
electionlawblog.org
June 30, 2025 at 2:06 PM
Breaking news: the Supreme Court has granted cert on an important case raising issues about the role of political parties in the campaign finance system.
Last week, Bob Bauer and I blogged about the issues in this case and their significance: electionlawblog.org?p=150545
Last week, Bob Bauer and I blogged about the issues in this case and their significance: electionlawblog.org?p=150545
The Supreme Court is considering a case on whether current limits on the ability of political parties to coordinate with their candidates violate the First Amendment
In this essay, Bob Bauer and I urge the Court to re-consider the role of parties in an age of SuperPacs
electionlawblog.org?p=150545
In this essay, Bob Bauer and I urge the Court to re-consider the role of parties in an age of SuperPacs
electionlawblog.org?p=150545
The Supreme Court, The Political Parties, and the SuperPacs #ELB
This post is co-written with Bob Bauer, who among other roles, served as former General Counsel to the Democratic National Committee: Later this week, the Supreme Court will consider hearing a case ne...
electionlawblog.org
June 24, 2025 at 1:24 PM
The Supreme Court is considering a case on whether current limits on the ability of political parties to coordinate with their candidates violate the First Amendment
In this essay, Bob Bauer and I urge the Court to re-consider the role of parties in an age of SuperPacs
electionlawblog.org?p=150545
In this essay, Bob Bauer and I urge the Court to re-consider the role of parties in an age of SuperPacs
electionlawblog.org?p=150545