The Court v. the Voters
by Joshua A. Douglas
An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions-and the next looming caseAn urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions-and the next looming caseIn The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting rights-some surprising and unknown, some familiar-to investigate the historic crossroads that have irrevocably changed our elections and the nation. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in producing a broken electoral system.Douglas charts infamous cases like-Bush v. Gore, which opened the door to many election law claimsCitizens United, which contributed to skewed representation-but perhaps not in the way you might thinkShelby County v. Holder, which gutted the vital protections of the Voting Rights ActCrawford v. Marion County Elections Board, which allowed states to enforce voter ID laws and make it harder for people to voteThe Court v. The Voters powerfully reminds us of the tangible, real-world effects from the Court's voting rights decisions. While we can-and should-lament the democracy that might have been, Douglas argues that we can-and should-double down in our efforts to protect the right to vote.
Hardcover
Brand New
Author Biography
Joshua A. Douglas is a law professor at the University of Kentucky College of Law and legal expert invested and engaged in helping everyday people understand our elections. His media commentaries have appeared in the New York Times, CNN, Washington Post, LA Times, USA Today, Reuters, Politico, The Atlantic, Huffington Post, and Slate, among others, and he has been quoted in major newspapers and on NPR stations throughout the country. He is the author of a previous book, Vote For US- How to Take Back Our Elections and Change the Future of Voting. You can find him active on Twitter at @JoshuaADouglas.
Table of Contents
Introduction
CHAPTER 1
The 1980 Election and the Beginning of the End:
Anderson v. Celebrezze (1983)
CHAPTER 2
A Vote for Donald Duck:
Burdick v. Takushi (1992)
CHAPTER 3
The Fight over Voter ID:
Crawford v. Marion County Election Board (2008)
CHAPTER 4
The Stigma of Felon Disenfranchisement:
Richardson v. Ramirez (1974)
CHAPTER 5
Money Talks:
Citizens United v. Federal Election Commission (2010)
CHAPTER 6
An "Embarrassing Judicial Fart":
Bush v. Gore (2000)
CHAPTER 7
Throwing Away Your Umbrella During a Rainstorm:
Shelby County v. Holder (2013)
CHAPTER 8
An Activist Court:
Brnovich v. Democratic National Committee (2021)
CHAPTER 9
Politicians Gone Wild:
Rucho v. Common Cause (2019)
CHAPTER 10
The Next Looming Case
Conclusion
Acknowledgments
Notes
Index
Review
"A solid argument for judicial reform—and if not that, bypassing the Supreme Court whenever possible."
—Kirkus Reviews
"[A] full-throated critique . . . This granular analysis, though somewhat speculative since it relies on reading between the lines, adds up to a shockingly convincing explanation of the Court's motives. Douglas brings the receipts."
—Publishers Weekly
"In this incisive, eloquent, and important book, Joshua Douglas has the receipts—and a warning about what the Court might do to us next."
—Adam Cohen, author of Supreme Inequality
"An important guide for all who want to protect and advance American democracy."
—E. J. Dionne Jr., author of Why Americans Hate Politics
"The crucial and compelling story of how the most undemocratic branch of the US government has been chipping away at voting rights protections and election law fairness."
—Jennifer Frost, author of "Let Us Vote!"
"Saving our democracy requires taking the lessons of this book, and its recommendations, very seriously."
—Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law
"A readable field guide to Citizens United, Bush v. Gore, and other notorious election cases that is sure to edify and disturb the curious reader."
—Richard L. Hasen, author of A Real Right to Vote
"Douglas expertly explains and demystifies urgent topics all Americans need to know and understand: how the Supreme Court spent decades chip¬ping away at voting rights, and what our country can do now to repair the damage."
—Erin Geiger Smith, author of Thank You for Voting
"These cases are necessary for understanding where we are, and Doug¬las has offered clarifying explanations of their continued relevance to our country's modern struggles."
—Jessica Huseman, editorial director of Votebeat
"The Court v. The Voters is required reading for anyone concerned about the future of American democracy. Douglas removes legalese, uses compelling and accessible human stories, and connects the dots to show how an activist US Supreme Court is complicit in dismantling democracy by making up new rules that allow politicians to entrench themselves and suppress the voices of voters."
—Spencer Overton, author of Stealing Democracy: The New Politics of Voter Suppression
"Citizens who want to understand the constitutional rules around voting often feel like people entering a play halfway through—the main players throw around case names and doctrines that are unfamiliar and confusing, and ordinary readers get the message that they are outsiders at their own elections. Joshua Douglas, who has devoted his career to understanding election law—and reforming it so that all Americans can vote—here untangles the plot of the play and explains in clear, nontechnical language how we got to the present mess and how We the People can get out of it."
—Garrett Epps, author of American Epic: Reading the U.S. Constitution
"Most people who care about our democracy are not scholars or legal experts. That is why this work by Joshua Douglas is so pivotal. He writes in a way that allows anyone to digest the sometimes complex and confusing interplay between the legal and political worlds. This work allows us to easily follow along as Joshua makes a compelling argument that forces us to pay closer attention to the courts and understand its impact on our democracy."
—Desmond Meade, author of Let My People Vote
"In this thought-provoking and timely book, Joshua Douglas examines how the Supreme Court's anti-democratic rulings over the past fifty years created a broken electoral system that helped lay the foundation for our current political woes. By profiling the seminal election law cases that demonstrate the Court's complicity in our decline, this book is a must-read for all who worry about the future of American democracy."
—Franita Tolson, interim dean, USC Gould School of Law
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