Yesterday, the Supreme Court heard arguments on Trump’s attempt to exclude undocumented residents when deciding the size of each state’s congressional delegation. His plan violates the Constitution, which requires that apportionment of the House be based on “the whole number of persons in each state.” Multiple lower courts have ruled against Trump in the case. “From the framing to the Reconstruction to 230 years of congressional practice, they all show that the answer to this is very simple: all people count,” says Thomas Wolf. // Washington Post

Even though the official presidential transition has begun, Trump has yet to formally concede. He is still aiming to block certain states from certifying results, all while continuing to make unsubstantiated claims that there was extensive voter fraud. Max Feldman spoke with Tim Lau to explain the rationale behind these lawsuits, how they reinforce racialized voter suppression, and what it all means for American democracy. “It underscores the need for democracy reform, especially in terms of the legal rules that govern how our democracy operates,” says Feldman. // Read More

Over the past 15 years, a number of states have adopted strict voter ID laws that do not offer an alternative option for voters who cannot obtain an ID. These voter ID laws present unique and significant challenges to transgender and nonbinary voters who do not have a form of identification that matches their gender identity. “Transgender and nonbinary Americans deserve to have their voices heard without undue burdens, costs, and barriers,” write Stuart Baum, Mikael Morelión, and Izabela Tringali. // Read More

There was $100 million in dark money reported to the Federal Election Commission this year, but this figure likely underreports the true amount of untraceable campaign spending by over 600 percent, writes Brennan Center Fellow Ciara Torres-Spelliscy. She breaks down the spending of what she calls “black hole money” and explains why two actions by the Trump administration will likely make the problem even worse in the coming years. // Read More

• Michael German on Trump’s dangerous rhetoric appealing to extremist militias // Guardian
• Lawrence Norden on Trump’s election lawsuits // Wired
• Gowri Ramachandran on how officials ran a smooth election // Governing
• Hernandez Stroud and Daniel Weiner on Congress’s power to override the Supreme Court // Intercept
• Jennifer Weiss-Wolf on the significance of a second gentleman // NPR