Courts will continue to decide monumental cases shaping our democracy.

[link removed]

When I was a kid, the local movie theater had an exit at the front that opened on my town’s main street. When the show ended, the door would open, and we would step into the bright light and sidewalk traffic. We were immediately thrust from the intense action on the big screen to the harsh reality of daylight, noise and traffic.

For many of us focused on the election, the last few weeks have felt like that passage. For months we kept the distracting light of day-to-day life out as we focused nearly exclusively on the election playing out on our screens. We lived the highs and the lows. We worried about the outcome while we hoped for the best. Then suddenly, it was over.

When we ventured out into the world, it was disorienting. Trump had won.

We noticed that while some had shared the same experience, many did not. The truth is that most Americans barely pay attention to politics. They are like the passersby in the street, vaguely aware there is a movie theater but otherwise focused on their own lives and concerns.

You have probably noticed that for the last few weeks I have written regularly about broader themes the election taught us about democracy. I have wanted to talk about the movie and its larger meaning.

But reality has set in, and part of that reality for me, as a lawyer, is, once again, focusing on the courts. The courts continue to consider and decide monumental cases that will shape the future of free and fair elections and our democracy. Like the people on the street outside the theater, they did not stop what they were doing. Even as I was distracted, they continued business as usual.

If you are like me — deeply worried about the future of democracy — this is a good thing. We need the courts more than ever. We need them to uphold the rule of law. We need them to protect voters. We need them to ensure the promise contained in the inscription over the Supreme Court itself: Equal Justice Under the Law.

So, with this edition of my Litigation Look Ahead, it is time to be back in the light, roll up our sleeves and get to work.

My takeaways from last month

November was an historic month for democracy in court. Let’s dig in to see what happened.

A record month. With less fanfare than 2020, November 2024 saw the largest number of new voting and election lawsuits filed ever. There were 51 lawsuits filed in November 2020. This year, there were 60.
* Pre-election: Until the final day before the election, we continued to see activity in court. On Nov. 1, for example, the U.S. Supreme Court denied a GOP effort to disqualify certain Pennsylvania mail-in ballots. In the days that followed, we saw a flurry of last-minute court decisions — mostly favoring voters — in Arizona, Georgia and Pennsylvania.
* Election Day: Between a pattern of false bomb scares and the usual election day issues, there were 19 lawsuits filed on Election Day itself related to the conduct of elections.
* Pennsylvania: The biggest contributor to the post-election litigation docket came from Pennsylvania, where a close U.S. Senate election resulted in 25 being filed. Ultimately, Republican David McCormick prevailed in the count by a mere 0.2%.

Some big developments

Notwithstanding the election, voting rights litigation continued to grind away with some big decisions and court filings…

Want to read the rest? Upgrade now ([link removed]) to get the full version sent straight to your inbox

Support from readers like you ensures that our team of 16 can provide the most accurate and in depth reporting. That’s why we launched a premium membership — to give you more of what you love and to power the team’s work.

Consider upgrading today ([link removed]) for $120/year and you’ll receive this newsletter every month, plus my State of Democracy mid-month, my weekend reading list with a premium scorecard and more!
UPGRADE NOW ([link removed])
[link removed]
[link removed]
[link removed]
[link removed]
[link removed]
[link removed]

We also understand that not everyone is able to make this commitment, which is why our free daily and weekly newsletters aren’t going anywhere! If you prefer not to receive any freebies of our premium content, like this email, and only want to receive our free daily and weekly newsletters, you can opt out here ([link removed]) . You can update your preferences ([link removed]) or unsubscribe from this list ([link removed]) .

View email in browser ([link removed]) .

This email was sent to [email protected] (mailto:[email protected])
why did I get this? ([link removed]) unsubscribe from this list ([link removed]) update subscription preferences ([link removed])
Democracy Docket LLC . 250 Massachusetts Ave NW Ste 400 . Washington, DC 20001-5825 . USA