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. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 12/11/2025

    The True Overseer: Should Congress Regulate Elections Like the Supreme Court?

    Election law scholarship often operates under key assumptions: that the Supreme Court functions as an “almighty overseer” determining the scope of power for the other branches, and that the states possess “broad authority over elections” that Congress generally should not disturb. In fact, the historical record reveals that Congress possesses “much more power than many people have thought” when it comes to voting and elections. However, many of these powers have “lain dormant for100 plus years,” causing Congress to lose its “muscle memory” for action in this critical space. Leading election law scholar and Dean of the USC Gould School of Law, Franita Tolson, presents a comprehensive historical reappraisal in her forthcoming book, In Congress We Trust? Enforcing Voting Rights from the Founding to the Jim Crow Era. The book attempts to determine if the prevailing assumptions regarding congressional limitations are true. Dean Tolson reveals “a lot of gems that we just don’t talk about” by examining overlooked constitutional provisions, including the Guarantee Clause, Article I, Section 5, and Section 2 of the 14th Amendment. Dean Tolson joins Law & Democracy to discuss the imperative of recovering this history, asking whether “we should be talking about Congress the same way we talk about the Supreme Court when it comes to the regulations of voting and elections”. This episode explores how understanding Congress’s forgotten power and historical use of “muscle” is crucial for addressing contemporary challenges to American democracy, which Dean Tolson argues is far more fragile than many assume. Speakers: • Franita Tolson, Dean and Carl Mason Franklin Chair in Law at the University of Southern California Gould School of Law.• Edward Foley, Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law at Ohio State. • Anthony Gaughan, Senior Fellow, Election Law at Ohio State; Professor of Law and Current Family Chair in Law at Drake University Law School. • Terri Enns, James W. Shocknessy Professor of 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. If you’re listening on Apple Podcasts, please give it a five-star rating. Thoughts? Email us at electionlaw@osu.edu. Recorded on December 9, 2025.

    57 min

  7. 11/14/2025

    The Decisive Blow: Can Section 2 of the Voting Rights Act Survive?

    Widely regarded as the most transformative piece of legislation of the Civil Rights era, the Voting Rights Act of 1965 (VRA) was a comprehensive measure enacted to dismantle Jim Crow policies and eliminate discriminatory voting practices nationwide. Since its passage, however, the VRA has faced continuous turbulence. For example, the 2021 Supreme Court ruling in Brnovich v. Democratic National Committee significantly curtailed the use of Section 2, the provision that allows voters to challenge laws and procedures that deny equal political opportunity to elect their candidates of choice. Election law expert, Maureen Edobor, delivers an urgent assessment of the VRA’s current state in 2025 and explains the deep implications of the pivotal Supreme Court case, Louisiana v. Callais. This case directly challenges a new congressional map designed to remedy vote dilution for Black voters, forcing the Court to confront the fundamental constitutionality of VRA Section 2. Speakers: • Maureen Edobor, a Theodore DeLaney Center Fellow focusing on Southern race relations, politics, and culture, at the Washington and Lee University School of Law • Anthony Gaughan, Associate Dean; Kern Family Chair in Law and Professor of Law at Drake University Law School in Des Moines, Iowa; Senior Fellow, Election Law at Ohio State • Terri Enns, James W. Shocknessy Professor of Law; Senior Fellow, Election Law at Ohio State • 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. If you’re listening on Apple Podcasts, please give it a five-star rating. Thoughts? Email us at electionlaw@osu.edu. Watch our show on YouTube: www.youtube.com/@OhioStateLaw Recorded on November 11, 2025.

    46 min

  8. 10/07/2025

    Can Political Parties Spend Freely? Brad Smith on the Case That Could Change Campaign Finance

    Brad Smith, former Chair of the Federal Election Commission and President of the Institute for Free Speech, joins the Election Law Program at The Ohio State University to discuss the pending Supreme Court case National Republican Senatorial Committee v. Federal Election Commission. Smith outlines the arguments presented in the amicus brief he co-authored, which challenges the constitutionality of limits on coordinated party expenditures and questions the legal foundation of Buckley v. Valeo. The conversation covers: • The legal issues at stake in NRSC v. FEC • The role of political parties in campaign finance • The definition and evidence of corruption under current law • The impact of digital media on campaign practices • Constitutional limits on Congress’s authority to regulate campaigns

    52 min
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Ratings & Reviews

5
out of 5
2 Ratings

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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