Nicholas Stephanopoulos
@profnickstephan.bsky.social
Kirkland & Ellis Professor of Law, Harvard Law School. Aligning Election Law: https://global.oup.com/academic/product/aligning-election-law-9780197662151.
My response to Sachs and Kleinfeld's article advocating parents voting for their children is now up.
My idea is to have young adults -- not parents -- vote on behalf of children due to their greater partisan and ideological similarity.
ndlawreview.org/give-young-a...
My idea is to have young adults -- not parents -- vote on behalf of children due to their greater partisan and ideological similarity.
ndlawreview.org/give-young-a...
Give Young Adults The Vote | Notre Dame Law Review
ARTICLE Give Young Adults The Vote Nicholas O. Stephanopoulos* Joshua Kleinfeld and Stephen Sachs make a significant contribution to the literature on children’s disenfranchisement by describing and d...
ndlawreview.org
November 10, 2025 at 4:47 PM
My response to Sachs and Kleinfeld's article advocating parents voting for their children is now up.
My idea is to have young adults -- not parents -- vote on behalf of children due to their greater partisan and ideological similarity.
ndlawreview.org/give-young-a...
My idea is to have young adults -- not parents -- vote on behalf of children due to their greater partisan and ideological similarity.
ndlawreview.org/give-young-a...
Some more problems with this CA racial gerrymandering claim:
- The suit's main evidence is some commentary by a mapmaker. But it's the LEGISLATURE'S intent that counts here, not what a line-drawer may have thought.
electionlawblog.org?p=152920
- The suit's main evidence is some commentary by a mapmaker. But it's the LEGISLATURE'S intent that counts here, not what a line-drawer may have thought.
electionlawblog.org?p=152920
The Complaint Filed By Republicans Against the Maps Created by California's Prop 50 Raising Racial Gerrymandering and Intentional Discrimination Claims Faces an Uphill Battle, Especially Given 2026 Ti...
You can find the complaint here. The main argument in the case is that plaintiffs engaged in a racial gerrymander by making race the predominant factor in drawing district lines without s compelling r...
electionlawblog.org
November 5, 2025 at 8:08 PM
Some more problems with this CA racial gerrymandering claim:
- The suit's main evidence is some commentary by a mapmaker. But it's the LEGISLATURE'S intent that counts here, not what a line-drawer may have thought.
electionlawblog.org?p=152920
- The suit's main evidence is some commentary by a mapmaker. But it's the LEGISLATURE'S intent that counts here, not what a line-drawer may have thought.
electionlawblog.org?p=152920
Nice story about the "billionaires' brief" filed by @electionclinic.bsky.social arguing on behalf of Mark Cuban and others that Maine's limit on Super PAC donations doesn't materially burden their speech and serves critical state interests.
www.sportico.com/law/analysis...
www.sportico.com/law/analysis...
Mark Cuban Joins Legal Fight Against Dark Money and Super PACs
Through a brief authored by the Election Law Clinic at Harvard Law School, Mark Cuban and 4 other billionaires argue in favor of Maine's SuperPAC law.
www.sportico.com
November 5, 2025 at 1:43 PM
Nice story about the "billionaires' brief" filed by @electionclinic.bsky.social arguing on behalf of Mark Cuban and others that Maine's limit on Super PAC donations doesn't materially burden their speech and serves critical state interests.
www.sportico.com/law/analysis...
www.sportico.com/law/analysis...
HLS's Election Law Clinic filed this amicus brief yesterday on behalf of Mark Cuban and other wealthy Americans, urging the First Circuit to uphold Maine's limit on Super PAC contributions.
Not all rich people want to distort elections in their favor!
www.hlselectionlaw.org/s/20251029_F...
Not all rich people want to distort elections in their favor!
www.hlselectionlaw.org/s/20251029_F...
www.hlselectionlaw.org
October 30, 2025 at 1:32 PM
HLS's Election Law Clinic filed this amicus brief yesterday on behalf of Mark Cuban and other wealthy Americans, urging the First Circuit to uphold Maine's limit on Super PAC contributions.
Not all rich people want to distort elections in their favor!
www.hlselectionlaw.org/s/20251029_F...
Not all rich people want to distort elections in their favor!
www.hlselectionlaw.org/s/20251029_F...
To clarify, this lawsuit is under the NY Constitution, NOT the NY Voting Rights Act (which only applies to political subdivisions in NY). The suit argues that the NY Constitution should be read to adopt the same vote dilution standard as the NYVRA.
“Lawsuit Plunges New York Into the National Gerrymandering Fight” electionlawblog.org?p=152785
"Lawsuit Plunges New York Into the National Gerrymandering Fight" #ELB
NYT: A lawsuit filed on Monday on behalf of four New Yorkers charges that the state’s congressional map unconstitutionally dilutes Black and Latino votes in a district that covers Staten Island and pa...
electionlawblog.org
October 27, 2025 at 7:58 PM
To clarify, this lawsuit is under the NY Constitution, NOT the NY Voting Rights Act (which only applies to political subdivisions in NY). The suit argues that the NY Constitution should be read to adopt the same vote dilution standard as the NYVRA.
Some more concerns about the SG's proposal in Callais:
1. At present, the first Gingles prong focuses on the availability of remedies. The SG's proposal would make it a probe for racial predominance -- the crux of the distinct theory of racial gerrymandering.
electionlawblog.org?p=152738
1. At present, the first Gingles prong focuses on the availability of remedies. The SG's proposal would make it a probe for racial predominance -- the crux of the distinct theory of racial gerrymandering.
electionlawblog.org?p=152738
More Concerns About the SG’s Proposal in Callais #ELB
I’ve already discussed a number of problems with the SG’s proposal in Callais (that plaintiffs’ demonstrative maps be required to achieve jurisdictions’ political objectives). Upon further reflection,...
electionlawblog.org
October 24, 2025 at 3:03 PM
Some more concerns about the SG's proposal in Callais:
1. At present, the first Gingles prong focuses on the availability of remedies. The SG's proposal would make it a probe for racial predominance -- the crux of the distinct theory of racial gerrymandering.
electionlawblog.org?p=152738
1. At present, the first Gingles prong focuses on the availability of remedies. The SG's proposal would make it a probe for racial predominance -- the crux of the distinct theory of racial gerrymandering.
electionlawblog.org?p=152738
This is a nice story about our ongoing anti-competitive gerrymandering suit against Wisconsin's congressional map.
I like the demonstrative map in the piece -- look how much more competitive WI's districts could be!
urbanmilwaukee.com/2025/10/22/d...
I like the demonstrative map in the piece -- look how much more competitive WI's districts could be!
urbanmilwaukee.com/2025/10/22/d...
October 23, 2025 at 5:13 PM
This is a nice story about our ongoing anti-competitive gerrymandering suit against Wisconsin's congressional map.
I like the demonstrative map in the piece -- look how much more competitive WI's districts could be!
urbanmilwaukee.com/2025/10/22/d...
I like the demonstrative map in the piece -- look how much more competitive WI's districts could be!
urbanmilwaukee.com/2025/10/22/d...
Another problem with the SG's proposal in Callais is that it's refuted by Section 2's legislative history.
Lots of participants in the '82 hearings thought of the SG's idea that political goals excuse racial vote dilution. And they all believed the idea didn't apply.
electionlawblog.org?p=152656
Lots of participants in the '82 hearings thought of the SG's idea that political goals excuse racial vote dilution. And they all believed the idea didn't apply.
electionlawblog.org?p=152656
Section 2’s Legislative History Refutes the SG’s Proposal #ELB
I’ve previously noted a number of problems with the SG’s proposal in Callais, under which demonstrative maps would have to achieve the enacted plan’s political goals in order to satisfy the first Ging...
electionlawblog.org
October 20, 2025 at 3:07 PM
Another problem with the SG's proposal in Callais is that it's refuted by Section 2's legislative history.
Lots of participants in the '82 hearings thought of the SG's idea that political goals excuse racial vote dilution. And they all believed the idea didn't apply.
electionlawblog.org?p=152656
Lots of participants in the '82 hearings thought of the SG's idea that political goals excuse racial vote dilution. And they all believed the idea didn't apply.
electionlawblog.org?p=152656
The deputy SG drastically understated the number of districts that would be stripped of legal protection under the administration's proposal in Callais.
He said about 15 districts would be affected -- the actual number is close to 70.
electionlawblog.org?p=152614
He said about 15 districts would be affected -- the actual number is close to 70.
electionlawblog.org?p=152614
Misleading Claims About Affected Districts #ELB
Toward the end of his argument in Callais, Hashim Mooppan seemed to assert that neutering Section 2 would affect only about fifteen congressional districts. In his words, “there are only 15 majority-B...
electionlawblog.org
October 17, 2025 at 8:51 PM
The deputy SG drastically understated the number of districts that would be stripped of legal protection under the administration's proposal in Callais.
He said about 15 districts would be affected -- the actual number is close to 70.
electionlawblog.org?p=152614
He said about 15 districts would be affected -- the actual number is close to 70.
electionlawblog.org?p=152614
Reposted by Nicholas Stephanopoulos
Watch Archived Video of @law.ucla.edu Safeguarding Democracy Project Webinar: “Redistricting and Re-Redistricting Controversies and the 2026 Elections” www.youtube.com/watch?v=x063... @mcpli.bsky.social @profnickstephan.bsky.social Guy Charles and Moon Duchin
Redistricting and Re-redistricting Controversies and the 2026 Elections
YouTube video by Safeguarding Democracy Project UCLA Law
www.youtube.com
October 17, 2025 at 6:44 PM
Watch Archived Video of @law.ucla.edu Safeguarding Democracy Project Webinar: “Redistricting and Re-Redistricting Controversies and the 2026 Elections” www.youtube.com/watch?v=x063... @mcpli.bsky.social @profnickstephan.bsky.social Guy Charles and Moon Duchin
I wrote this ELB post on a less radical resolution to Callais that may be appealing to some justices.
The idea is just to hold that compliance with Section 2 isn't a compelling interest that can justify what would otherwise be unlawful racial gerrymandering.
The idea is just to hold that compliance with Section 2 isn't a compelling interest that can justify what would otherwise be unlawful racial gerrymandering.
October 16, 2025 at 7:13 PM
I wrote this ELB post on a less radical resolution to Callais that may be appealing to some justices.
The idea is just to hold that compliance with Section 2 isn't a compelling interest that can justify what would otherwise be unlawful racial gerrymandering.
The idea is just to hold that compliance with Section 2 isn't a compelling interest that can justify what would otherwise be unlawful racial gerrymandering.
Would anyone still sue under Section 2 if the AG's proposal was adopted? You already need an alternative map (matching the challenged plan's partisanship) to win a racial gerrymandering claim. To win a Section 2 claim, you'd have to do that -- plus satisfy the rest of the Gingles prongs and the TOC.
October 16, 2025 at 2:20 AM
Would anyone still sue under Section 2 if the AG's proposal was adopted? You already need an alternative map (matching the challenged plan's partisanship) to win a racial gerrymandering claim. To win a Section 2 claim, you'd have to do that -- plus satisfy the rest of the Gingles prongs and the TOC.
Ironically, VRA plaintiffs would be better off if they had lost in Milligan. Alabama's "race-blind baseline" is legal nonsense. But it's much better for VRA plaintiffs than the SG's proposal -- under which southern states can just erase *all* minority representation.
October 16, 2025 at 2:10 AM
Ironically, VRA plaintiffs would be better off if they had lost in Milligan. Alabama's "race-blind baseline" is legal nonsense. But it's much better for VRA plaintiffs than the SG's proposal -- under which southern states can just erase *all* minority representation.
As I recently wrote, the SG's "moderate" proposal to merely "modify" the Gingles framework would still end Section 2 as we know it.
By requiring plaintiffs to match the partisanship of challenged plans, it would block essentially all Section 2 claims in the South.
electionlawblog.org?p=152332
By requiring plaintiffs to match the partisanship of challenged plans, it would block essentially all Section 2 claims in the South.
electionlawblog.org?p=152332
Destroying Section 2 in Order to Save It #ELB
At first glance, the SG’s brief in Callais seems less radical than those of the appellees and of Louisiana. The latter argue that Section 2 is flatly unconstitutional, while the SG’s brief merely reco...
electionlawblog.org
October 15, 2025 at 4:50 PM
As I recently wrote, the SG's "moderate" proposal to merely "modify" the Gingles framework would still end Section 2 as we know it.
By requiring plaintiffs to match the partisanship of challenged plans, it would block essentially all Section 2 claims in the South.
electionlawblog.org?p=152332
By requiring plaintiffs to match the partisanship of challenged plans, it would block essentially all Section 2 claims in the South.
electionlawblog.org?p=152332
The stakes were lower than in today's Callais argument, but I had the opportunity to argue for the New York VRA's constitutionality yesterday before the NY Court of Appeals.
Case summary:
www.nycourts.gov/ctapps/summa...
Plaintiffs' brief:
static1.squarespace.com/static/60a55...
Case summary:
www.nycourts.gov/ctapps/summa...
Plaintiffs' brief:
static1.squarespace.com/static/60a55...
www.nycourts.gov
October 15, 2025 at 12:54 PM
The stakes were lower than in today's Callais argument, but I had the opportunity to argue for the New York VRA's constitutionality yesterday before the NY Court of Appeals.
Case summary:
www.nycourts.gov/ctapps/summa...
Plaintiffs' brief:
static1.squarespace.com/static/60a55...
Case summary:
www.nycourts.gov/ctapps/summa...
Plaintiffs' brief:
static1.squarespace.com/static/60a55...
I just posted a new paper, "Aligning Constitutional Law," exploring how the alignment principle could be incorporated into constitutional (not just election) law.
I'll be giving the Constitution Day Lecture at Drake University today on the same subject.
papers.ssrn.com/sol3/papers....
I'll be giving the Constitution Day Lecture at Drake University today on the same subject.
papers.ssrn.com/sol3/papers....
Aligning Constitutional Law
At present, American constitutional law gives short shrift to the democratic value of alignment (congruence between governmental outputs and popular preferences
papers.ssrn.com
September 18, 2025 at 2:56 PM
I just posted a new paper, "Aligning Constitutional Law," exploring how the alignment principle could be incorporated into constitutional (not just election) law.
I'll be giving the Constitution Day Lecture at Drake University today on the same subject.
papers.ssrn.com/sol3/papers....
I'll be giving the Constitution Day Lecture at Drake University today on the same subject.
papers.ssrn.com/sol3/papers....
@nedfoley.bsky.social has written this insightful article on Bracket Voting as a method of achieving what I call "alignment" between voters' preferences and elections' winners.
September 15, 2025 at 2:45 PM
@nedfoley.bsky.social has written this insightful article on Bracket Voting as a method of achieving what I call "alignment" between voters' preferences and elections' winners.
I filed this amicus brief in Callais today. The main argument is that Section 2 doesn't require a court-imposed time limit because -- thanks to the Gingles framework -- it's already inherently self-limiting.
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov
September 3, 2025 at 5:39 PM
I filed this amicus brief in Callais today. The main argument is that Section 2 doesn't require a court-imposed time limit because -- thanks to the Gingles framework -- it's already inherently self-limiting.
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
My article, "Election Law for the New Electorate," is out in the Journal of Legal Analysis.
academic.oup.com/jla/article/...
Here's the abstract:
The American electorate is transforming—undergoing its most sweeping changes in half a century.
academic.oup.com/jla/article/...
Here's the abstract:
The American electorate is transforming—undergoing its most sweeping changes in half a century.
Election law for the new electorate
Abstract. The American electorate is transforming—undergoing its most sweeping changes in half a century. These shifts include the disappearance of income
academic.oup.com
September 1, 2025 at 1:22 PM
My article, "Election Law for the New Electorate," is out in the Journal of Legal Analysis.
academic.oup.com/jla/article/...
Here's the abstract:
The American electorate is transforming—undergoing its most sweeping changes in half a century.
academic.oup.com/jla/article/...
Here's the abstract:
The American electorate is transforming—undergoing its most sweeping changes in half a century.
My new article, "Redistricting Without Tradeoffs," has found a home in @columlrev.bsky.social.
Here's the abstract; I'll be posting the piece soon.
Here's the abstract; I'll be posting the piece soon.
August 18, 2025 at 6:25 PM
My new article, "Redistricting Without Tradeoffs," has found a home in @columlrev.bsky.social.
Here's the abstract; I'll be posting the piece soon.
Here's the abstract; I'll be posting the piece soon.
It's striking that members of the CA commission now agree that CA's congressional map should be redrawn if other states enact mid-decade gerrymanders.
The goal here should be national partisan fairness. A redrawn CA map can serve that goal by offsetting gerrymanders elsewhere.
The goal here should be national partisan fairness. A redrawn CA map can serve that goal by offsetting gerrymanders elsewhere.
August 12, 2025 at 2:54 PM
It's striking that members of the CA commission now agree that CA's congressional map should be redrawn if other states enact mid-decade gerrymanders.
The goal here should be national partisan fairness. A redrawn CA map can serve that goal by offsetting gerrymanders elsewhere.
The goal here should be national partisan fairness. A redrawn CA map can serve that goal by offsetting gerrymanders elsewhere.
We filed this brief defending the constitutionality of the NY Voting Rights Act. I'll be arguing the case in the NY Court of Appeals in October.
The issue is pretty important: If the NYVRA somehow violates the Equal Protection Clause, then so do all disparate-impact laws.
t.co/3A2Vy4JvB4
The issue is pretty important: If the NYVRA somehow violates the Equal Protection Clause, then so do all disparate-impact laws.
t.co/3A2Vy4JvB4
https://static1.squarespace.com/static/60a559b59cfc63389f67f892/t/689600d4885354540e6d3a4d/1754661076451/Clarke+v+Newburgh-RespBrf.pdf
t.co
August 8, 2025 at 2:04 PM
We filed this brief defending the constitutionality of the NY Voting Rights Act. I'll be arguing the case in the NY Court of Appeals in October.
The issue is pretty important: If the NYVRA somehow violates the Equal Protection Clause, then so do all disparate-impact laws.
t.co/3A2Vy4JvB4
The issue is pretty important: If the NYVRA somehow violates the Equal Protection Clause, then so do all disparate-impact laws.
t.co/3A2Vy4JvB4
Reposted by Nicholas Stephanopoulos
My interview with election law expert
@profnickstephan.bsky.social on #Texas Republicans' extreme partisan #Gerrymandering. Why the rare move threatens representation and the balance in the US House – and could spark widespread partisan redistricting. 👇
@profnickstephan.bsky.social on #Texas Republicans' extreme partisan #Gerrymandering. Why the rare move threatens representation and the balance in the US House – and could spark widespread partisan redistricting. 👇
August 6, 2025 at 6:07 PM
My interview with election law expert
@profnickstephan.bsky.social on #Texas Republicans' extreme partisan #Gerrymandering. Why the rare move threatens representation and the balance in the US House – and could spark widespread partisan redistricting. 👇
@profnickstephan.bsky.social on #Texas Republicans' extreme partisan #Gerrymandering. Why the rare move threatens representation and the balance in the US House – and could spark widespread partisan redistricting. 👇
“The mugger asked for a billion dollars, the keys to my house, and my first-born. I got him to agree to $200M (for now). I’m such a savvy negotiator.”
www.nytimes.com/2025/07/23/n...
www.nytimes.com/2025/07/23/n...
Columbia Agrees to $200 Million Fine to Settle Fight With Trump
www.nytimes.com
July 24, 2025 at 9:02 PM
“The mugger asked for a billion dollars, the keys to my house, and my first-born. I got him to agree to $200M (for now). I’m such a savvy negotiator.”
www.nytimes.com/2025/07/23/n...
www.nytimes.com/2025/07/23/n...
The decision to reargue Callais is confusing. The most plausible rationale for reargument is getting into the Section 2 merits of the preceding lawsuit.
But this case simply isn't about Section 2. So it's a terrible vehicle for a blockbuster ruling about the VRA.
But this case simply isn't about Section 2. So it's a terrible vehicle for a blockbuster ruling about the VRA.
June 27, 2025 at 3:28 PM
The decision to reargue Callais is confusing. The most plausible rationale for reargument is getting into the Section 2 merits of the preceding lawsuit.
But this case simply isn't about Section 2. So it's a terrible vehicle for a blockbuster ruling about the VRA.
But this case simply isn't about Section 2. So it's a terrible vehicle for a blockbuster ruling about the VRA.