You’re Never Going to Get It All Done

About this Episode

We talk this week about elections and markets for votes with election-law scholar Kareem Crayton. Calling in from Hong Kong, where the design of elections looms large, Kareem chats with us about what elections are meant to do, the private and public nature of the voting booth, the practical legal immunity of decisions made for illegitimate reasons, comparisons of elections and other markets for products, racism, the Voting Rights Act, and more. Is racism more like polio or high blood pressure?

This show’s links:

• Kareem Crayton’s writing
• Glossip v. Gross
• Michael Dorf, Evolving Standards of Decency that Mark the Progress of Maturing Justices
• Orin Kerr, Why the Late-Career Conversions at the Supreme Court on the Death Penalty?
• United States v. Quinones (Judge Rakoff’s district court opinion striking down the death penalty in 2002, later reversed)
• Josh Lee, Dignity Kennedy, Burkean Kennedy, and Libertarian Kennedy
• Josh Lee, Determinism and the Death Penalty
• Josh Lee, Judicial Abolition from Below
• BBC, Hong Kong’s Democracy Debate (an explainer)
• Arizona State Legislature v. Arizona Independent Redistricting Comm’n
• Giles v. Harris
• Romer v. Evans
• Busbee v. Smith (a 1982 decision containing finding of fact 17, that a Georgia representative was a racist)
• Shelby County v. Holder
• Brief of Political Science and Law Professors as Amici Curiae in Shelby County
• Kareem Crayton, Five Justices, Section 4, and Three Ways Forward in Voting Rights
• Kareem Crayton, Sword, Shield, and Compass: The Uses and Misuses of Racially Polarized Voting Studies in Voting Rights Enforcement
• Kareem Crayton, Take Down the Confederate Flag