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Justice, Democracy, and Law

Reviewing the intersection of democratic governance, judicial philosophy, and constitutional law

JUSTICE, DEMOCRACY, AND LAW

An actual alternative to originalism

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. “Original public meaning” has become the prevailing method of constitutional interpretation at the Supreme Court.

ByEdward Foley/Apr 6, 2026
JUSTICE, DEMOCRACY, AND LAW

How can the Supreme Court protect electoral integrity?

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. The court has already confronted cases concerning the midterms, like the efforts to re-gerrymander already gerrymandered congressional districts for even more partisan advantage.

ByEdward Foley/Feb 26, 2026
JUSTICE, DEMOCRACY, AND LAW

Redistricting cases head for rock bottom

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Please note that the views of outside contributors do not reflect the official opinions of SCOTUSblog or its staff. Redistricting law is an utter mess.

ByEdward Foley/Dec 22, 2025
JUSTICE, DEMOCRACY, AND LAW

Callais, originalism, and stare decisis

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read.

ByEdward Foley/Oct 14, 2025
JUSTICE, DEMOCRACY, AND LAW

Clarity about Callais and the fate of the Voting Rights Act

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Please note that the views of outside contributors do not reflect the official opinions of SCOTUSblog or its staff.

ByEdward Foley/Sep 12, 2025
JUSTICE, DEMOCRACY, AND LAW

Justice, democracy, and law

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Please note that the views of outside contributors do not reflect the official opinions of SCOTUSblog or its staff.

ByEdward Foley/Aug 8, 2025

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