Nicholas Stephanopoulos

Nicholas Stephanopoulos

@profnickstephan.bsky.social

Kirkland & Ellis Professor of Law, Harvard Law School. https://nicholas-stephanopoulos.com/

1.8K followers2.4K following154 posts

Note that this hypothetical map isn't just 4-4 in partisan terms, it also has four competitive districts (up from at most two today). And while maps with fairer partisan makeups are relatively rare in the simulations, maps with greater competition are ubiquitous.

Stephen Wolf@stephenwolf.bsky.social

A big problem with Cohn’s approach is that even in states like Wisconsin where geography really does disfavor Dems, it’s still feasible to draw a map that is balanced, competitive, compact, and avoids city/county splits. It becomes an excuse for accepting unfair maps and outcomes—we don’t have to

In Wisconsin, "[t]he simulations ... suggest that [a 6-2 Republican advantage] is exactly what one should expect from a party-blind map." This is why we're challenging the plan on ANTI-COMPETITIVE grounds. The same simulations strongly support that distinct claim. www.nytimes.com/interactive/...

nytimes.comAn Extremely Detailed Ranking of the Most Gerrymandered States in AmericaOur guide to the most brazen, twisted and even innocuous maps that will help determine the midterms.

I just posted this book chapter on the value of alignment -- the government doing what the people want -- in comparative perspective. It's part of a forthcoming volume edited by Shreya Atrey and Ros Dixon. papers.ssrn.com/sol3/papers.... Here's the abstract:

papers.ssrn.comComparative Alignment TheoryThe democratic value of alignment denotes the congruence (or lack thereof) between governmental outputs and popular preferences. This chapter shows how the cons
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In sum, this rich body of case law establishes that alignment operating as a constitutional value isn't some fanciful academic notion. Rather, it's a tangible legal reality in constitutional systems around the globe.

I just posted this book chapter on the value of alignment -- the government doing what the people want -- in comparative perspective. It's part of a forthcoming volume edited by Shreya Atrey and Ros Dixon. papers.ssrn.com/sol3/papers.... Here's the abstract:

papers.ssrn.comComparative Alignment TheoryThe democratic value of alignment denotes the congruence (or lack thereof) between governmental outputs and popular preferences. This chapter shows how the cons
View full thread

These systems use different vocabularies to capture the idea of alignment: "effective representation" in Canada, "responsiveness" in South Africa, the "will of the people" becoming the "will of the state" in Germany.

Based on these distinct but related formulations, these countries' courts have developed sophisticated jurisprudences of alignment. In the electoral realm, they have struck down misaligning voting restrictions and seat-vote translation rules while upholding aligning regulations of campaign finance.

I just posted this book chapter on the value of alignment -- the government doing what the people want -- in comparative perspective. It's part of a forthcoming volume edited by Shreya Atrey and Ros Dixon. papers.ssrn.com/sol3/papers.... Here's the abstract:

papers.ssrn.comComparative Alignment TheoryThe democratic value of alignment denotes the congruence (or lack thereof) between governmental outputs and popular preferences. This chapter shows how the cons

The democratic value of alignment denotes the congruence (or lack thereof) between governmental outputs and popular preferences. This chapter shows how the constitutional systems of three major countries -- Canada, South Africa, and Germany -- promote alignment.

Since some political aim is almost always incompatible with greater minority representation, this hurdle is nearly impossible to overcome. While federal law can no longer directly curb racial vote dilution, however, the fight against this problem is far from over.

As a ruling constitutionally rooted in Congress's power to enforce the Fifteenth Amendment, Callais has no bearing on state voting rights acts that are more aggressive than their federal precursor. Nor does Callais impede race-neutral strategies that nevertheless stop much racial vote dilution.

New paper by @ruthgreenwood.bsky.social and me: "The Death and Rebirth of Vote Dilution," forthcoming in the Supreme Court Review. We show how the Court tried to kill the concept of racial vote dilution in Callais -- and why this idea will never die. papers.ssrn.com/sol3/papers....

papers.ssrn.comThe Death and Rebirth of Vote DilutionFor more than half a century, federal law recognized the concept of racial vote dilution. Members of a racial group experience this condition when voting is rac

Here's the abstract: For more than half a century, federal law recognized the concept of racial vote dilution. Members of a racial group experience this condition when voting is racially polarized, the group is proportionally underrepresented,

New article alert: Aaron Kaufman, Chris Kenny, and I just posted "Intra-Partisan Gerrymandering," forthcoming in @michlawreview.bsky.social. The piece looks at one faction within a party using redistricting to disadvantage another faction within the same party. papers.ssrn.com/sol3/papers....

papers.ssrn.comIntra-Partisan Gerrymandering<div> <i>Partisan</i> gerrymandering is a familiar practice. But <i>intra-partisan</i> gerrymandering—one faction within a party designing districts to handica
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Its representational harms are analogous to those inflicted by partisan gerrymandering, and it can be regulated through a similar doctrinal framework. Finally, we offer an empirical proof of concept using a recent state senate redistricting as a case study.

New article alert: Aaron Kaufman, Chris Kenny, and I just posted "Intra-Partisan Gerrymandering," forthcoming in @michlawreview.bsky.social. The piece looks at one faction within a party using redistricting to disadvantage another faction within the same party. papers.ssrn.com/sol3/papers....

papers.ssrn.comIntra-Partisan Gerrymandering<div> <i>Partisan</i> gerrymandering is a familiar practice. But <i>intra-partisan</i> gerrymandering—one faction within a party designing districts to handica
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These span the one-party Democratic South, major Democratic cities, and heavily Republican states. We then argue that intra-partisan gerrymandering should be recognized as a distinct legal theory, especially under state constitutions.

New article alert: Aaron Kaufman, Chris Kenny, and I just posted "Intra-Partisan Gerrymandering," forthcoming in @michlawreview.bsky.social. The piece looks at one faction within a party using redistricting to disadvantage another faction within the same party. papers.ssrn.com/sol3/papers....

papers.ssrn.comIntra-Partisan Gerrymandering<div> <i>Partisan</i> gerrymandering is a familiar practice. But <i>intra-partisan</i> gerrymandering—one faction within a party designing districts to handica
View full thread

In jurisdictions dominated by a single party, though, intra-partisan gerrymandering is more impactful than its partisan counterpart. In these places, there’s no doubt which party will govern. What’s uncertain is which actors within this party will prevail.

New article alert: Aaron Kaufman, Chris Kenny, and I just posted "Intra-Partisan Gerrymandering," forthcoming in @michlawreview.bsky.social. The piece looks at one faction within a party using redistricting to disadvantage another faction within the same party. papers.ssrn.com/sol3/papers....

papers.ssrn.comIntra-Partisan Gerrymandering<div> <i>Partisan</i> gerrymandering is a familiar practice. But <i>intra-partisan</i> gerrymandering—one faction within a party designing districts to handica

From the abstract: Partisan gerrymandering is a familiar practice. But intra-partisan gerrymandering—one faction within a party designing districts to handicap another faction within the same party—has barely been noticed by courts or scholars.

After the Virginia result last night, @planscore.org's model predicts a nearly unbiased House if the electoral environment is like 2024. If the national vote is more like D+5 (per current polls), the model still predicts a modest pro-Republican skew. planscore.org#!predict6D-u...

planscore.orgPlanScorePlanScore is a first-of-its-kind gerrymandering scoring service for new district plans, allowing users to upload maps and instantly receive projected data about their partisan consequences. You can al...

Very nice to see Andrew Gelman - who helped develop the "Gelman-King" bias of district maps - conceding that the metric doesn't work in uncompetitive states. Other scholars defended the measure's use in Utah, but the court saw through these claims. statmodeling.stat.columbia.edu/2026/03/13/c...

statmodeling.stat.columbia.edu Being picky and careful pays off! (Utah redistricting story) | Statistical Modeling, Causal Inference, and Social Science

What explains the Court's stay in the Staten Island case? 1. The Court could think that race-conscious districting is inherently unlawful. That's what Alito says in his concurrence (contradicting his own opinion in, e.g., Milligan). But no other justice joined Alito.

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3. The Court could think that any remedial district drawn *here* -- where the trial court never considered whether a reasonably-configured crossover district could be created -- would be unlawful. But why should a shoddy trial court ruling have any constitutional significance?

What explains the Court's stay in the Staten Island case? 1. The Court could think that race-conscious districting is inherently unlawful. That's what Alito says in his concurrence (contradicting his own opinion in, e.g., Milligan). But no other justice joined Alito.

2. The Court could think that claims for "crossover" districts are inherently unconstitutional. A plurality flirted with this idea in Bartlett. But why would a court-ordered, reasonably-configured, crossover district necessarily be unlawful? It's far from clear.

Nicholas Stephanopoulos reposted

An informative interview with @justinlevitt.bsky.social & @profnickstephan.bsky.social. Among other things, they discuss how the Supreme Court could make seemingly small changes to the Voting Rights Act that make VRA§2 redistricting lawsuits virtually impossible without deeming it unconstitutional

Votebeat@votebeat.org

How much worse can gerrymandering get? Will the Supreme Court strike down a landmark voting rights law? We asked two experts.

After Bost, standing could largely disappear as an issue in election law cases -- at least if plaintiffs can get a candidate to join the suit. If only we had known this in Whitford, the whole history of partisan gerrymandering might be different.