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Rick Pildes

@rickpildes.bsky.social

320 followers 98 following 61 posts

Legal expert at NYU on issues concerning democracy and the structure of American government.

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Rick Pildes @rickpildes.bsky.social · 9h

I did not listen to the argument. But if candidates do not have standing, on what basis would parties have standing?

Rick Pildes @rickpildes.bsky.social · 9h

When legal populists of the right mean legal populists of the left. Today's essay in the NYU Democracy Project from Jonathan Mitchell:
"Judicial Supremacy and American Democracy"
democracyproject.org/posts/judici...

Judicial Supremacy and American Democracy

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

democracyproject.org

Rick Pildes @rickpildes.bsky.social · 11h

"But just as important, the precise basis on which the court concludes he has standing will have significant implications for who can bring election law challenges, and when, for the future of election law litigation in the federal courts."

Rick Pildes @rickpildes.bsky.social · 11h

For those and other reasons, my essay concluded:
"Given the strong institutional imperatives courts face in the election context to settle the rules clearly in advance of the election, the court is likely to find Bost has standing to bring his prospective challenge. ...

Rick Pildes @rickpildes.bsky.social · 11h

My view is that there are strong systemic interests in having election rules clarified in advance of the election, rather in the midst of a dispute after ballots have been cast. The courts also have an institutional interest in adjudicating these issues in advance.

Rick Pildes @rickpildes.bsky.social · 11h

The Court heard oral argument today in an important election law standing case. I published in advance an essay on the case in Law 360, which is paywalled.

The question is when candidates for federal office can challenge election laws prospectively. For my view, see next post

Rick Pildes @rickpildes.bsky.social · 2d

Thanks for this comment, much appreciated.

David Froomkin @dfroomkin.bsky.social · 4d

This essay provides an excellent summary of Rick's important recent work on political fragmentation—which is undermining coherent and effective government across developed democracies. In PR systems, fragmentation occurs inter-party. In PV systems (like ours) fragmentation occurs intra-party.

Rick Pildes @rickpildes.bsky.social · 4d

"Democracies in the Age of Fragmentation," my essay in NYU's Democracy Project series, was published this week. Link here, brief excerpts to follow.

democracyproject.org/posts/democr...

Rick Pildes @rickpildes.bsky.social · 4d

"And when democracies are unable to do so, alienation and anger can give way to worse (or perhaps already has), including yearnings for strongman leaders who promise they alone can deliver. "

Rick Pildes @rickpildes.bsky.social · 4d

"Much turns on whether it is temporary and contingent or more enduring. Political fragmentation reflects continual democratic dissatisfaction, but perversely, also makes it that much harder for governments to respond effectively to citizens’ demands."

Rick Pildes @rickpildes.bsky.social · 4d

"For better or worse, the U.S. two-party system, during unified government, makes it easier to overcome fragmentation than in Europe."
Perhaps the political fragmentation we see through much of democratic politics today is a “morbid symptom” of transition to a new form of democratic politics. ..

Rick Pildes @rickpildes.bsky.social · 4d

"Similar forces have been re-shaping U.S. democracy, though they take different form in our 2-party system. The combined approval of the two parties ...is among the lowest ever recorded. Disdain for traditional political elites is reflected in the appeal of outsiders: Trump, Sanders, Mamdani.

Rick Pildes @rickpildes.bsky.social · 4d

"Across Europe, the average support for right-wing parties is 13 points higher than for left-wing parties, the largest gap since at least 1990. This new landscape, fertilized by the communications revolution, makes politics more fragmented and turbulent...

Rick Pildes @rickpildes.bsky.social · 4d

"Those who imagine older voters resistant to change drive support for these parties will be surprised. [Among] young voters... these parties are either the most popular or the second most, with more extreme parties of the left the most popular.

Rick Pildes @rickpildes.bsky.social · 4d

"As this chart shows, across 27 European countries, these parties in the aggregate now capture similar vote shares as the traditional center-left and center-right parties and coalitions:

Rick Pildes @rickpildes.bsky.social · 4d

"Alienated from traditional political elites and parties, voters in the proportional-representation systems of Europe have turned to new, more extreme parties on the left and right, including anti-system parties....

Rick Pildes @rickpildes.bsky.social · 4d

"In Western Europe, the traditionally dominant, large center-left and center-right parties, which had governed since World War II, have been hemorrhaging voters or nearly disappearing completely....

Rick Pildes @rickpildes.bsky.social · 4d

"All this reflects a new era I call one of “political fragmentation.” Political fragmentation means the myriad ways in which practical political power is now dispersed among many different actors and centers of power...,

Rick Pildes @rickpildes.bsky.social · 4d

"No matter which parties are in power, citizens are dissatisfied.

Politics is exceptionally turbulent. Since 2000 in the U.S., every election but two has changed which party controls either the House, the Senate, or the White House. That rate of churning is unprecedented."

Rick Pildes @rickpildes.bsky.social · 4d

"The last decade and a half have witnessed pervasive dissatisfaction with democratic governments throughout the West. As a result, governments have become more fragile and unstable."

Rick Pildes @rickpildes.bsky.social · 4d

"Democracies in the Age of Fragmentation," my essay in NYU's Democracy Project series, was published this week. Link here, brief excerpts to follow.

democracyproject.org/posts/democr...

Democracies in the Age of Fragmentation

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

democracyproject.org

Rick Pildes @rickpildes.bsky.social · 9d

"then the P. has an enormous amount of power—more power, I think, than any sensible person should want anyone to have, and more power than any member of the founding generation could have anticipated."

Rick Pildes @rickpildes.bsky.social · 9d

"If most of what the federal govt currently does on a daily basis is “executive,” and if the P. must have full control over each and every exercise of “executive” power by the federal govt (including an unlimitable ability to remove all or almost all executive officers for reasons good or bad)...

Rick Pildes @rickpildes.bsky.social · 9d

" In any event, the Take Care Clause does not imply that the President must be able to fire all executive officials at will, any more than it guarantees the President the ability to imprison officials who do not do what the President says."

Rick Pildes @rickpildes.bsky.social · 9d

"In my view, if Congress reasonably decides that the President should be able to remove some duly appointed officers only for certain causes and through certain processes, the President could discharge his obligations under the Take Care Clause by going through those processes when warranted."

Rick Pildes @rickpildes.bsky.social · 9d

"Usually, then, the fact that such a power could be helpful to the President means only that Congress could confer it on him, not that the Constitution itself does so."