Justice Kagan Cites Professor Elmendorf in Brnovich v. DNC Dissent

United States Supreme Court Justice Elena Kagan cited an article co-written by Professor Christopher Elmendorf in her blistering dissent in the Brnovich v. Democratic National Committee voting rights case, decided July 1.

The court ruled 6-3 that Arizona’s election laws that refuse to count ballots cast in the wrong precinct and forbid mail-in ballots from being collected by third parties do not violate the Voting Rights Act. Kagan’s dissent condemned the conservative majority’s opinion, writing that it “mostly inhabits a law-free zone.”

The dissent cited “Administering Section 2 of the Voting Rights Act After Shelby County,” a Columbia Law Review article by Elmendorf and University of Connecticut School of Law Professor Douglas Spencer.

Elmendorf analyzed the Brnovich decision, and Kagan’s dissent, in this July 1 Twitter thread.

Christopher S. Elmendorf is a professor of law at UC Davis School of Law whose teaching and research interests include election law, administrative law, statutory interpretation, constitutional law, and property and natural resources law.

 

 

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