Travis Crum
@traviscrum.bsky.social
Professor of Law, Washington University in St. Louis. Writing and Teaching about Voting Rights and Constitutional Law.
The first mid-decade redistricting case is headed to the Supreme Court's shadow docket. Here's why the so-called Purcell Principle--which counsels against enjoining redistricting maps close to an election--should not apply here:
electionlawblog.org?p=153101
electionlawblog.org?p=153101
Mid-Decade Redistricting and the Purcell Principle #ELB
Yesterday, a three-judge district court preliminarily enjoined Texas’s mid-decade congressional redistricting map. This case will be promptly appealed to the Supreme Court, and it will be the first of...
electionlawblog.org
November 19, 2025 at 3:57 PM
The first mid-decade redistricting case is headed to the Supreme Court's shadow docket. Here's why the so-called Purcell Principle--which counsels against enjoining redistricting maps close to an election--should not apply here:
electionlawblog.org?p=153101
electionlawblog.org?p=153101
Hot off the presses! I helped organize a symposium on the 150th anniversary of Minor v. Happersett, where the Supreme Court held that women were not enfranchised by the 14th Amendment. The case originated in St. Louis, so it was rewarding to shine a light on this overlooked piece of local history.
October 17, 2025 at 4:08 PM
Hot off the presses! I helped organize a symposium on the 150th anniversary of Minor v. Happersett, where the Supreme Court held that women were not enfranchised by the 14th Amendment. The case originated in St. Louis, so it was rewarding to shine a light on this overlooked piece of local history.
If Section 2 compliance isn't a compelling state interest, how would it survive Boerne? Alabama has a jurisdictional statement in Milligan, and they'd argue it isn't congruent/proportional. I don't see much daylight here.
That said, I could see an argument that it could still survive Katzenbach.
That said, I could see an argument that it could still survive Katzenbach.
October 17, 2025 at 12:48 AM
If Section 2 compliance isn't a compelling state interest, how would it survive Boerne? Alabama has a jurisdictional statement in Milligan, and they'd argue it isn't congruent/proportional. I don't see much daylight here.
That said, I could see an argument that it could still survive Katzenbach.
That said, I could see an argument that it could still survive Katzenbach.
Missouri is seeking to revive the independent state legislature theory by insisting there's a clear statement rule. The rejected legal theory that plagued the 2020 election makes a return in the mid-decade redistricting wars.
electionlawblog.org?p=152593
electionlawblog.org?p=152593
"Redistricting foes blast Hanaway for trying to stop referendum on Missouri map" #ELB
Missouri seeks to revive the independent state legislature theory, this time its by insisting that there’s a clear-statement rule. I may have more to say about this case in the near future. In the mea...
electionlawblog.org
October 17, 2025 at 12:24 AM
Missouri is seeking to revive the independent state legislature theory by insisting there's a clear statement rule. The rejected legal theory that plagued the 2020 election makes a return in the mid-decade redistricting wars.
electionlawblog.org?p=152593
electionlawblog.org?p=152593
Here's my take on today's big voting rights argument in Louisiana v. Callais. The Justices re-hashed arguments that had been considered three Terms ago in Milligan, and they appeared more interested in tweaking the VRA than in overturning it.
electionlawblog.org?p=152557
electionlawblog.org?p=152557
Callais Re-Argument Recap #ELB
Earlier today, I attended the oral argument in Callais. My global takeaway is a bit more sanguine than Rick’s. When the case was set for re-argument, the new QP flagged Section 2’s constitutionality: ...
electionlawblog.org
October 15, 2025 at 7:44 PM
Here's my take on today's big voting rights argument in Louisiana v. Callais. The Justices re-hashed arguments that had been considered three Terms ago in Milligan, and they appeared more interested in tweaking the VRA than in overturning it.
electionlawblog.org?p=152557
electionlawblog.org?p=152557
The second post argues that the Court's attempt to impose sunset dates on congressional statutes is deeply ahistorical and indefensible on originalist grounds:
electionlawblog.org?p=152514
electionlawblog.org?p=152514
Originalism and Expiration Dates #ELB
Tomorrow, the Supreme Court will hold a rare re-argument in Louisiana v. Callais on whether Section 2 of the VRA is unconstitutional as applied to redistricting. I’ve filed an amicus brief arguing tha...
electionlawblog.org
October 14, 2025 at 6:37 PM
The second post argues that the Court's attempt to impose sunset dates on congressional statutes is deeply ahistorical and indefensible on originalist grounds:
electionlawblog.org?p=152514
electionlawblog.org?p=152514
The first post addresses the limits and importance of Section 2 of the VRA. Those who are not familiar with this area of law may find this real-world example particularly illuminating:
electionlawblog.org?p=152512
electionlawblog.org?p=152512
Section 2's Limits #ELB
Sparked by Nick Stephanopolous’s amicus brief, there’s been discussion on this blog about Section 2’s limits and how that might impact tomorrow’s re-argument in Callais. To help readers understand the...
electionlawblog.org
October 14, 2025 at 6:37 PM
The first post addresses the limits and importance of Section 2 of the VRA. Those who are not familiar with this area of law may find this real-world example particularly illuminating:
electionlawblog.org?p=152512
electionlawblog.org?p=152512
In advance of tomorrow's re-argument in the major voting rights case of Louisiana v. Callais, I've got two posts on the Election Law Blog. I'll be attending the argument and will provide an eyewitness account on ELB as well.
October 14, 2025 at 6:37 PM
In advance of tomorrow's re-argument in the major voting rights case of Louisiana v. Callais, I've got two posts on the Election Law Blog. I'll be attending the argument and will provide an eyewitness account on ELB as well.
Can't wait to read this!
Very Excited to Announce My New Book Project, “Unbent Arc: The Rise and Decline of American Democracy 1964-2024)” electionlawblog.org?p=152307
I’m very excited to be working on this major project, bringing together my many strands of research on democracy and election law.
I’m very excited to be working on this major project, bringing together my many strands of research on democracy and election law.
September 30, 2025 at 3:42 PM
Can't wait to read this!
Really excited to be attending the 2025 Election Law Conference at Florida State University this weekend. We've got a great line-up of speakers!
electionlawblog.org?p=151984
electionlawblog.org?p=151984
The 2025 Election Law Conference at Florida State University #ELB
This weekend, FSU will host the 2025 Election Law Conference. Jacob Eisler is the organizer, and I am serving as an informal advisor. This conference is a sequel to last year’s Election Law Conference...
electionlawblog.org
September 10, 2025 at 3:04 PM
Really excited to be attending the 2025 Election Law Conference at Florida State University this weekend. We've got a great line-up of speakers!
electionlawblog.org?p=151984
electionlawblog.org?p=151984
Thanks to @epps.bsky.social and the folks at Wilkinson Stekloff LLP for their help on the brief.
September 4, 2025 at 1:10 AM
Thanks to @epps.bsky.social and the folks at Wilkinson Stekloff LLP for their help on the brief.
I filed an amicus brief in Callais, this fall's blockbuster voting rights case. I make three arguments. First, the Fifteenth Amendment is the constitutional provision that bans racial discrimination in voting. Second, Shaw should be overturned. Finally, Section 2 of the VRA is constitutional.
September 4, 2025 at 1:10 AM
I filed an amicus brief in Callais, this fall's blockbuster voting rights case. I make three arguments. First, the Fifteenth Amendment is the constitutional provision that bans racial discrimination in voting. Second, Shaw should be overturned. Finally, Section 2 of the VRA is constitutional.
To quote the Onion: History sighs, repeats itself.
August 8, 2025 at 8:15 PM
To quote the Onion: History sighs, repeats itself.
Preclearance under the Voting Rights Act was designed to stop the game of whack-a-mole that was Southern States defying federal court orders. Alabama did just that in 2023. Unfortunately, Alabama dodged the hammer once again.
electionlawblog.org?p=151462
electionlawblog.org?p=151462
Alabama Dodges Bail-in #ELB
Yesterday, the three-judge district court in the Alabama congressional redistricting litigation declined to bail-in the State to the VRA’s preclearance regime. You can find the district court’s decisi...
electionlawblog.org
August 8, 2025 at 4:42 PM
Preclearance under the Voting Rights Act was designed to stop the game of whack-a-mole that was Southern States defying federal court orders. Alabama did just that in 2023. Unfortunately, Alabama dodged the hammer once again.
electionlawblog.org?p=151462
electionlawblog.org?p=151462
Happening today!
Tomorrow, there's a big hearing on whether to bail-in Alabama under the Voting Rights Act, meaning that it would have to get federal approval to enact any new congressional redistricting plans through the 2030 Census. Here's my thoughts on the Election Law Blog:
electionlawblog.org?p=151207
electionlawblog.org?p=151207
The Prospect of Bailing-in Alabama #ELB
Tomorrow, the three-judge district court in the Alabama congressional redistricting litigation will hold a hearing on whether to bail-in Alabama to the VRA’s preclearance regime. If bailed-in, Alabama...
electionlawblog.org
July 29, 2025 at 2:47 PM
Happening today!
Tomorrow, there's a big hearing on whether to bail-in Alabama under the Voting Rights Act, meaning that it would have to get federal approval to enact any new congressional redistricting plans through the 2030 Census. Here's my thoughts on the Election Law Blog:
electionlawblog.org?p=151207
electionlawblog.org?p=151207
The Prospect of Bailing-in Alabama #ELB
Tomorrow, the three-judge district court in the Alabama congressional redistricting litigation will hold a hearing on whether to bail-in Alabama to the VRA’s preclearance regime. If bailed-in, Alabama...
electionlawblog.org
July 28, 2025 at 1:25 PM
Tomorrow, there's a big hearing on whether to bail-in Alabama under the Voting Rights Act, meaning that it would have to get federal approval to enact any new congressional redistricting plans through the 2030 Census. Here's my thoughts on the Election Law Blog:
electionlawblog.org?p=151207
electionlawblog.org?p=151207
What's taking the Supreme Court so long to issue a re-argument order in last Term's big voting rights case?
electionlawblog.org?p=151175
electionlawblog.org?p=151175
Waiting for Callais #ELB
Earlier today, Rick Pildes flagged the Court’s inexplicable month-long delay in issuing a re-argument order in Louisiana v. Callais, last Term’s—and now next Term’s—major Shaw case. I agree with Pilde...
electionlawblog.org
July 25, 2025 at 7:39 PM
What's taking the Supreme Court so long to issue a re-argument order in last Term's big voting rights case?
electionlawblog.org?p=151175
electionlawblog.org?p=151175
New paper! Along with my co-authors, Prof. Susan Appleton and Hannah Keidan, I have posted a short symposium foreword, "The Curiously Minor Role of Minor v. Happersett," on SSRN. Anyone interested in legal history, election law, or women's rights should check it out:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
July 24, 2025 at 7:46 PM
New paper! Along with my co-authors, Prof. Susan Appleton and Hannah Keidan, I have posted a short symposium foreword, "The Curiously Minor Role of Minor v. Happersett," on SSRN. Anyone interested in legal history, election law, or women's rights should check it out:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
I discuss it in The Unabridged Fifteenth Amendment and The Riddle of Race-Based Redistricting. The former paper excavates the original understanding of the right to hold office free of racial discrimination under 15A; the latter mentions it briefly at the end in relation to Section 2 of the VRA.
May 19, 2025 at 12:53 AM
I discuss it in The Unabridged Fifteenth Amendment and The Riddle of Race-Based Redistricting. The former paper excavates the original understanding of the right to hold office free of racial discrimination under 15A; the latter mentions it briefly at the end in relation to Section 2 of the VRA.
Thanks Eric and Rick!
May 9, 2025 at 3:14 AM
Thanks Eric and Rick!