Law & Democracy

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. 5d ago

    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.

    44 min

  2. 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.

    1h 2m

  3. 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!

    48 min

  4. 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.

    32 min

  5. Mar 24

    How Much Do You Really Know About How U.S. Elections Work?

    We the Voters: Lori Ringhand on the Constitutional Choices We MakeOur system is defined by the choices and compromises made throughout our history, from the halls of the 1787 Constitutional Convention to the modern day struggle for voting rights. Why do we have a Senate? Why is the Electoral College so “weird”? And why are the simple “nuts and bolts” of election administration often the most misunderstood? In this episode, we are thrilled to welcome back our first-ever repeat guest: Lori Ringhand, the J. Alton Hosch Professor of Law at the University of Georgia. She joins the hosts of Law & Democracy to discuss her new book, We the Voters: The Constitutional Choices That Shape America’s Elections. Professor Ringhand takes us on a journey through the evolution of American democracy. We explore how the Declaration of Independence set the stage for representative government, how the Reconstruction amendments expanded the electorate, and how historical tensions between federal and state power continue to fuel contemporary election disputes. Whether you’re an election law expert or a curious voter, this conversation offers a clear, non-partisan look at the rules that define our democracy and the consequences of the choices we’ve made. Learn more about “We the Voters”: https://www.sup.org/books/law/we-voters Guest: • Lori A. Ringhand, J. Alton Hosch Professor of Law & Josiah Meigs Distinguished Teaching Professor at the University of Georgia School of Law. She is a nationally known Supreme Court scholar and the author of We the Voters: The Constitutional Choices That Shape America’s Elections. Hosts: • 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.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, March 18, 2026.

    45 min

  6. Mar 1

    Litigating Election Law Cases: A Conversation with Sharon Brett

    Join the Law & Democracy podcast for an in-depth look at the realities of litigating election law cases. Our guest, Sharon Brett (University of Kansas School of Law), brings years of experience from her time as Legal Director of the ACLU of Kansas to discuss the complex intersection of law, politics, and the rights of voters. In a wide-ranging conversation with hosts Tony Gaughan, Terri Enns, and Matt Cooper, Sharon breaks down the strategic decisions involved in high-profile civil rights litigation. She provides a detailed “from the trenches” account of the 2022 Kansas redistricting case, exploring the partisan and racial dynamics of the “Ad Astra 2” map and the subsequent 5-4 ruling by the Kansas Supreme Court. Key topics include: The strategic move toward state constitutional law in the wake of federal restrictions on partisan gerrymandering claims. The factual landscape of the Wyandotte County split and its impact on Black and Latino voting power. A critique of “lockstepping”—the tendency of state courts to mirror federal interpretations rather than exploring independent state constitutional grounds. Lessons learned from first-chairing complex trials and arguing major appeals on the frontlines of democracy. 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, February 26, 2026.

    38 min

  7. Feb 10

    Unseen Power: The Chief Election Official

    What if a chief election official wrongfully denies the franchise to thousands of felons when the law very clearly entitles them to vote? Or even blatantly ignores new legislation expanding voting rights simply because they disagree with the law? In his NYU Law Review article, “Unilateral Election Administration,” Professor John Martin of Quinnipiac University School of Law explores the oversight measures to hold chief election officials accountable. Martin notes that these officials wield immense power, enjoying unilateral authority to render decisions affecting voter registration, voting equipment, ballot access, election certification, and official training. But what happens when that power is misused or abused? Law & Democracy co-hosts sit down with Martin to discuss this critical article during a time when the election law arena is increasingly volatile. The conversation paints a comprehensive picture, from explaining the role of a chief election official to assessing the different modes of accountability available to check their power. Recorded on Wednesday, February 4, 2026. #electionlaw #power #democracy

    45 min

  8. Jan 17

    The False Conflict Between the Voting Rights Act and the Colorblind Constitution

    Does the Voting Rights Act have a constitutional expiration date? Columbia Law Professor Kerrel Murray joins the Law & Democracy team to challenge the growing legal theory that Section 2 is a temporary “disparate impact” measure that must eventually end. Join hosts Tony Gaughan, Steve Huefner, and Terri Enns as they discuss with Murray the distinctions between Section 2 and traditional disparate impact claims, the Supreme Court’s evolving jurisprudence on race, and what the future holds for voting rights litigation. Recorded on January 12, 2026.

    50 min
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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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