Law & Democracy

The Ohio State University
The Ohio State University
  • 5.0 (2)
  • Politics
  • Updated Weekly

Law & Democracy Podcast is a public affairs conversation facilitated by the Election Law Program at The Ohio State University Moritz College of Law. The podcast hosts are Ned Foley, Steve Huefner, Terri Enns, Anne Ralph, and Tony Gaughan. They are joined on a regular basis by leading scholars and journalists for an intelligent, informative, and nonpartisan discussion of law and democracy issues. For more information and resources, visit Election Law at Ohio State (moritzlaw.osu.edu/election-law). And don’t forget to follow us on X @lawanddemocracypod, where you can ask questions and share your thoughts! Subscribe to stay informed and engaged in the world where law and democracy intersect.

  1. Sep 29

    Senate Bill 395 and Consensus Choice Voting in Ohio: A Conversation with Senator Louis Blessing

    hio State Senator Louis W. Blessing, III joins Law & Democracy to make the case for Senate Bill 395, the first bill in any state legislature to propose a form of Consensus Choice voting. The bill would replace Ohio’s partisan primaries with a single primary open to every voter, send the top three finishers to November, and decide the general election through head-to-head matchups among those three. A candidate who beats both opponents wins. No ranking, no runoff, no extra rounds. Senator Blessing traces how his interest in antitrust and money in politics led him to electoral reform, and explains why he voted to ban ranked choice voting in Ohio but kept looking for a reform that could work. He credits former state legislators Gene Krebs and Sean Logan with bringing him the idea, walks through what voters would see on the primary and general election ballots, and describes how results could be tallied in real time on election night. The conversation also covers why he believes independents, who make up the majority of Ohio’s registered voters, stand to gain the most, how open primaries could blunt the influence of big money, what the bill’s prospects look like in the next General Assembly, whether a constitutional amendment for open primaries could serve as a first step, and his separate proposal to expand the size of the Ohio General Assembly. Ned Foley and Senator Blessing also discuss candidate recruitment and retention, including former Senator Rob Portman’s decision not to seek reelection in 2022. Join us on Friday, October 2, 2026 at the Moritz College of Law for a full-day conference on Consensus Choice voting, beginning at 9 a.m. ET. Attend in person or online. This event is approved for 5.75 hours of CLE credit. Event details and online access: go.osu.edu/consensus-choice-voting

  2. Sep 12

    The Postal Service's Mail-Ballot Rule: A Conversation with Justin Levitt

    Law & Democracy returns for Season 3 with the biggest election law controversy of the 2026 midterms: the Postal Service's new mail-in ballot rules. The hosts sit down with Professor Justin Levitt of Loyola Law School in Los Angeles, a former Deputy Assistant Attorney General in the Justice Department's Civil Rights Division and former White House Senior Policy Advisor for Democracy and Voting Rights, to break down where the court fight stands and where it's headed.

  3. Jul 8

    Inside NRSC v. FEC and Watson v. RNC: The Supreme Court's New Verdicts on Money and Ballots

    How will the Supreme Court’s latest blockbusters reshape the financial and procedural landscape of American elections? In the final episode of season two of Law & Democracy, hosts Tony Gaughan, Steve Huefner, and Ned Foley break down the National Republican Senatorial Committee v. FEC, a major campaign finance decision, and Watson v. Republican National Committee, a pivotal ruling on mail-in ballot deadlines. Thank you for listening to Season 2! Like, subscribe, and share if you enjoyed the season. Questions or comments? Drop them below or email electionlaw@osu.edu. Recorded Wednesday, July 1, 2026.

  4. Jul 3

    Scoring a Better Vote: What Election Law Can Learn from the World Cup | S2 E14

    The Law & Democracy co-hosts absolutely scored in this episode! Tony, Ned, Steve, and Terri are taking election law talk to the field—the FIFA World Cup field. Can the world’s biggest sports tournament teach us how to build a better ballot? The panel tackles the intricate mechanics behind FIFA’s group-stage tie-breaker rules and maps them directly onto modern democratic reforms. From debating head-to-head match outcomes against total group performance metrics, they explore how round-robin election structures, ranked-choice ballots, and real-time data tracking can foster a fairer, more expressive voting process for multi-candidate fields. Tune in for a fascinating breakdown of how sports and voting systems collide, proving that understanding complex rules might just be the ultimate goal.

  5. Jun 24

    Has the Voting Rights Act Reached Its End? | S2 E13

    Is the Voting Rights Act still standing? After the Supreme Court’s decision in Louisiana v. Callais, that’s no longer a rhetorical question—and few people are better positioned to answer it than Dan Tokaji. Tokaji—Dean of the University of Wisconsin Law School, a leading election law scholar, and a founding member of Election Law at Ohio State—returns to walk the hosts through how we got here. His verdict is blunt: with Callais, the last major pillar of the VRA has fallen. He traces the line from Shelby County to Brnovich to today, shows how partisanship has quietly become a near-airtight defense against claims of racial discrimination, and names the human cost—fewer Black and Latino lawmakers, especially across the South. But this isn’t a eulogy. Tokaji makes the case for a “lift all votes” strategy aimed at partisan gerrymandering, and points to where change is still possible: state courts, state constitutions, and the ballot box. The conversation digs into what actually keeps this fight alive—what counts as a remedy, whether proportional representation could help, and why some red states are choosing not to redraw their maps at all. He ends where the stakes are highest: with history, and a reason to keep hoping. Guests & Hosts: Prof. Dan Tokaji (Dean and Professor of Law, University of Wisconsin Law School); Tony Gaughan, Ned Foley, Steven Huefner, and Terri Enns (Election Law at the Ohio State University Moritz College of Law). Cases referenced: Mobile v. Bolden (1980), Thornburg v. Gingles (1986), Shelby County v. Holder (2013), Rucho v. Common Cause (2019), Brnovich v. DNC (2021), Allen v. Milligan (2023), Louisiana v. Callais (2026). Follow Law & Democracy so you never miss an episode, and a rating or review goes a long way toward helping new listeners find us. Questions or comments? Email electionlaw@osu.edu. Recorded Wednesday, June 17, 2026.

  6. Jun 7

    Can Race and Politics Be Disentangled? Inside Allen v. Milligan

    On June 2, 2026, the Supreme Court handed Alabama a major win in its long-running redistricting fight — letting the state use a congressional map with just one Black-majority district, even after a lower court found the map intentionally discriminates against Black voters. Just 48 hours later, the Law & Democracy hosts unpack the 6-3 emergency-docket order in Allen v. Milligan. The conversation centers on the question driving the case: Can race and politics be disentangled? Building on Louisiana v. Callais, the Court has embraced the idea that if a map can be explained by partisanship, racially polarized voting becomes invisible under the Voting Rights Act — even when racial and partisan lines are, in the Deep South, often the same lines. The hosts dig into the Court’s “colorblind” reasoning, its selective use of the Purcell principle, mid-decade redistricting, class and the “diploma divide,” a possible Democratic move to unwind their own majority-minority districts, and what it means for civic health if minority voters feel permanently submerged within larger coalitions. Hosts: Tony Gaughan, Ned Foley, Anne Ralph, and Terri Enns — Election Law Program at The Ohio State University Moritz College of Law. Learn more: Allen v. Milligan, Supreme Court order: https://www.supremecourt.gov/opinions/25pdf/25a1314_7m58.pdf Joey Fishkin, “It’s All Politics,” Election Law Blog: https://electionlawblog.org/?p=156586 Louisiana v. Callais, Supreme Court opinion: https://www.supremecourt.gov/opinions/25pdf/24-109_21o3.pdf Questions or comments? Email us at electionlaw@osu.edu. Recorded on Wednesday, June 4, 2026.

  7. May 2

    What Does the Supreme Court Decision in Louisiana v. Callais Mean for Multiracial Democracy? | S2E11

    In this episode of Law & Democracy, hosts Tony Gaughan, Ned Foley, and Anne Ralph sit down with leading election law expert Professor Josh Douglas. Recorded just hours after the U.S. Supreme Court released its 92-page opinion in Louisiana v. Callais, the panel breaks down the immediate fallout of the breaking news. Prof. Douglas explains how the ruling makes it incredibly difficult for plaintiffs to bring Section 2 claims under the Voting Rights Act by creating an impossibly high evidentiary burden for racial vote dilution lawsuits. The discussion highlights how the Court is now effectively condoning partisan gerrymandering, allowing states to cut off lawsuits by using partisan goals as a defense against racial gerrymandering claims. Finally, Prof. Douglas touches on his experiences as a visiting scholar in Brazil and shares why, despite a challenging legal landscape, he still considers himself a “Democracy Optimist”. Guests & Hosts: Guest: Prof. Josh Douglas, J. David Rosenberg Professor of Law at the University of Kentucky College of Law. Hosts: Tony Gaughan, Ned Foley, & Anne Ralph from the Election Law Program at the Ohio State University Moritz College of Law. If you enjoyed this discussion, please don’t forget to like and subscribe to Law & Democracy!

  8. Apr 5

    The Safeguard American Voter Eligibility (SAVE) Act Explained | S2 E10

    The Safeguard American Voter Eligibility (SAVE) Act is currently before Congress. While the House has passed the bill, its future in the Senate remains uncertain due to filibuster rules. What are the legal and practical implications of requiring documentary proof of citizenship for #voter registration? From the potential impact on married women and college students to the increased burdens on volunteer election workers, we explore whether this act solves a real problem or creates a new “nightmare” for #election officials. Hosts: • Terri Enns, James W. Shocknessy Professor of Law; Senior Fellow, Election Law at Ohio State • Anthony Gaughan, Professor of Law and Kern Family Chair in Law at Drake University Law School; Senior Fellow, Election Law at Ohio State. • Steve Huefner, C. William O’Neill Professor in Law and Judicial Administration; Director, Legislation Clinic; Deputy Director, Election Law at Ohio State; Director, D.C. Summer Program. • Anne Ralph, Associate Dean for Academic Affairs and Strategic Initiatives; Morgan E. Shipman Professor in Law; Senior Fellow, Election Law at Ohio State. What are your thoughts on the #SAVE Act? Leave a comment below to join the conversation!If you enjoy this episode, please give us a boost by liking it, subscribing, and sharing it with your friends. Have questions, thoughts, or comments on the episode? Drop a comment below or email us at electionlaw@osu.edu. Recorded on Wednesday, April 1, 2026.

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About

Law & Democracy Podcast is a public affairs conversation facilitated by the Election Law Program at The Ohio State University Moritz College of Law. The podcast hosts are Ned Foley, Steve Huefner, Terri Enns, Anne Ralph, and Tony Gaughan. They are joined on a regular basis by leading scholars and journalists for an intelligent, informative, and nonpartisan discussion of law and democracy issues. For more information and resources, visit Election Law at Ohio State (moritzlaw.osu.edu/election-law). And don’t forget to follow us on X @lawanddemocracypod, where you can ask questions and share your thoughts! Subscribe to stay informed and engaged in the world where law and democracy intersect.

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