Yesterday, we filed a lawsuit in Texas state court on behalf of the Anti-Defamation League (Austin, Southwest, and Texoma regions), Common Cause Texas, and an individual Texas voter. Our plaintiffs challenged Gov. Greg Abbott’s proclamation last week that bars local election officials from providing more than one drop-off site for mail-in ballots during the early voting period. His plan will make it unreasonably difficult for Texans to vote by mail, and it goes beyond his authority. “Governor Abbott’s order takes healthy, reasonable, safe options away from some of his state’s most vulnerable voters,” said Myrna Pérez. “It should not stand.” // Read More

This week, the Supreme Court began its 2020 term by hearing arguments in a challenge to Delaware’s constitutional provisions requiring partisan balance on many of the state’s courts. The case could have a far-reaching impact on the systems many states use to pick their judges, as well as on hundreds of government bodies designed to be bipartisan. As Douglas Keith writes, at a time when judicial selection is deeply politicized and faith in government institutions is generally at risk, the Supreme Court should not disrupt a system designed to protect the impartiality of courts. // Read More

The Supreme Court’s 2010 Citizens United decision led to significantly increased spending in judicial elections, a trend that threatens the integrity and independence of state courts. Thirty-eight states elect their state supreme court justices, and Citizens United prompted a rise in outside spending from special interest groups, increasingly in the form of secretive dark money. “These dynamics have implicated judges in significant conflicts of interest. And the stakes are high,” writes Tim Lau. “State courts hear 95 percent of all cases filed in the United States, including high-profile cases that cover critical civil rights issues ranging from gerrymandering to reproductive justice to the death penalty.” // Read More

California voters are considering a referendum on ending cash bail, an unfair system that punishes the poor. Although the elimination of cash bail is appealing, some criminal justice advocates argue that the California plan would give judges nearly unfettered discretion to detain individuals before trial and will exacerbate racial inequities in the justice system. Taryn Merkl and Leily Arzy walk voters through the pros and cons of a complicated decision. // Read More

For the first time, the 2020 Democratic platform recognizes the toll that security measures have taken on American Muslims, promising to examine, confront, and dismantle the programs, policies, and practices that unfairly target these communities as security threats. In his agenda, Joe Biden has committed to ending the Trump administration’s Targeted Violence and Terrorism Prevention Program and to instructing the Department of Homeland Security to review the processes for putting people on watchlists. Although modest in terms of specifics, writes Faiza Patel, the commitments “signal something of a shift towards recognizing that our counterterrorism laws and policies systematically target and discriminate against some Americans.” // Read More

For the second time in two weeks, a federal judge has halted President Trump’s sanctions against TikTok and WeChat on free speech grounds. What could explain the judicial pushback in these two cases? It could be the nature of the claims at issue, but it could also be that the judiciary is growing weary of emergency actions that are based on scant evidence, writes Andrew Boyle. // Read More

• VIRTUAL EVENT: Voting and Representation Symposium
  Thursday, October 8 | 12:00–2:30 EDT
  Covid-19 has been a “stress test” for our democracy, exacerbating structural racism and inequality in our political system and shining a light on vulnerabilities in our institutions. The second day of this two-day symposium will feature panels including “Fair Representation in an Increasingly Diverse America” and “Building a More Inclusive Democracy.” For lawyers, CLE credit is available. RSVP today.

• Michael German on white supremacy in law enforcement // News 4 Buffalo
• Sean Morales-Doyle on poll watching // The Hill
• Lawrence Norden on how to avoid a nightmare election scenario // Atlantic
• Myrna Pérez on Trump’s lies during the debate about voting by mail // ABC News
• Michael Waldman on the 2020 election // Dan Abrams Show
• Thomas Wolf on the census timeline // Arizona Daily Independent