The Twenty-Sixth Amendment and the Real Rigging of Georgia’s Election

VIKRAM DAVID AMAR

Illinois law dean Vikram David Amar explains why Georgia’s law allowing persons 75 years and older to get absentee ballots for all elections in an election cycle with a single request, while requiring younger voters to request absentee ballots separately for each election, is a clear violation of the Twenty-Sixth Amendment. Dean Amar acknowledges that timing may prevent this age discrimination from being redressed in 2020, but he calls upon legislatures and courts to understand the meaning of this amendment and prevent such invidious disparate treatment of voters in future years.

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COVID Comes to Federal Death Row—It Is Time to Stop the Madness

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains the enhanced risk of COVID-19 infection in the federal death row in Terre Haute, not only among inmates but among those necessary to carry out executions. Professor Sarat calls upon the Trump administration and other officials to focus on saving, rather than taking, lives inside and outside prison.

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Trump v. Wisconsin Elections Commission

Docket: 20-3414

Opinion Date: December 24, 2020

Judge: Scudder

Areas of Law: Civil Rights, Constitutional Law, Election Law

Two days after Wisconsin certified the results of its 2020 election, the President invoked the Electors Clause of the U.S. Constitution and sued the Wisconsin Elections Commission, Governor, Secretary of State, and several local officials. The district court concluded that the President’s challenges lacked merit, as he objected only to the administration of the election, yet the Electors Clause only addresses the authority of the State’s Legislature to prescribe the manner of appointing its presidential electors. The court concluded that the President’s claims would fail even under a broader, alternative reading of the Electors Clause that extended to a state’s conduct of the presidential election. The Seventh Circuit affirmed. Wisconsin lawfully appointed its electors in the manner directed by its Legislature. The President’s claim also fails because of the unreasonable delay that accompanied the challenges the President now wishes to advance against Wisconsin’s election procedures. The Supreme Court has indicated that federal courts should avoid announcing or requiring changes in election law and procedures close in time to voting. The President had a full opportunity before the election to pursue challenges to Wisconsin law underlying his present claims; he cannot now—after the election results have been certified as final— seek to bring those challenges.