A Pivotal Moment for Election Law

Abstract

In this Foreword to the Kentucky Law Journal Symposium Issue on Election Law, I chronicle the importance of Justice Scalia’s death to election law jurisprudence and explain how a replacement for Justice Scalia may change various aspects of election law doctrine. In particular, I examine how Justice Scalia's death, and a new Justice, might impact the doctrine and theoretical underpinning of cases involving redistricting, the Voting Rights Act, campaign finance, and election administration. I also summarize the seven articles in this symposium issue, explaining how most of the proposals likely have a much better chance at adoption with a new Justice on the Court.

Keywords: election law, voting rights, right to vote, voter ID, redistricting, partisan gerrymandering, campaign finance, Citizens United, McCutcheon, Voting Rights Act, Section 5, preclearance, election administration, Supreme Court, Justice Scalia, Merrick Garland