He Said/She Said, Save Our Sons, and the Stories that Stick: Part Two of a Two-Part Series of Columns

SHERRY F. COLB

In this second in a series of columns on the U.S. Department of Education’s recent push toward a higher burden of proof in determinations of sexual harassment or assault under Title IX, Cornell Law professor Sherry F. Colb suggests that gendered narratives play a role in people’s willingness to regard an acquaintance rape case as “he said/she said.” Colb describes several examples in which people prefer a story that confirms a pre-existing bias over truth based on evidence.

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Iowa Secretary of State v. Democratic Senatorial Campaign Committee

Docket: 20-1281

Opinion Date: October 14, 2020

Judge: Per Curiam

Areas of Law: Election Law

The Supreme Court vacated the orders of the district court staying an emergency election directive issued by the Secretary of State concerning the 2020 general election, holding that the district court abused its discretion in issuing the stay. The directive stated that the Secretary will mail a blank absentee ballot request form with instructions to every Iowa voter for the November 3, 2020 general election. At issue was the second paragraph in the directive stating, "To ensure uniformity and to provide voters with consistent guidance on the absentee ballot application process, County Auditors shall distribute only the blank Official State of Iowa Absentee Ballot Request Form..." When county auditors in three counties began mailing absentee ballot applications to registered voters that were refilled with individual voter information, various Republican campaign organizations filed petitions for injunctive relief. The district courts enjoined the county auditors from accepting prepopulated forms. Several Democratic campaign organizations filed an emergency motion to stay in Polk County seeking to block enforcement of the second paragraph of the directive. The district court granted a statewide stay of enforcement of the Secretary's order. The Supreme Court vacated the stay, holding that Iowa Code 53.2 authorized the Secretary's directive and that other grounds did not support the district court's ruling.