Defending Democracy with Marc Elias

Latest Episodes:

What Pennsylvania Tells Us About Our Democracy Feat. Congresswoman Mary Gay Scanlon Mar 24, 2023

Show notes

From attempts to overturn election results to county officials refusing to certify vote totals and Republicans’ continued attacks on mail-in voting, Pennsylvania has seen its fair share of election drama over the past few years. Marc sat down with U.S. Rep. Mary Gay Scanlon (D) of Pennsylvania’s 5th Congressional District to discuss recent election issues in the Keystone State and how they highlight the dire need for federal voting rights legislation.

For a transcript of this episode, please email transcripts@democracydocket.com.

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When Election Officials Refuse To Certify Complete Election Results

Message to Counties: Certifying Elections Is Not Optional

50 States of Lawsuits: Pennsylvania

Act 77 lawsuits: Bonner v. Chapmanand McLinko v. Degraffenreid

What’s at Stake in the Wisconsin Supreme Court Race Feat. Ben Wikler Mar 17, 2023

Show notes

Wisconsin has long been an important swing state for presidential elections, but it has grown into a major battleground in the fight for democracy. All eyes are on the Wisconsin Supreme Court race that will determine decisions related to gerrymandering, abortion access and the 2024 presidential election. Wisconsin Democratic Party Chair Ben Wikler joins to discuss what’s at stake in the April 4 election, Republicans’ continued attacks on democracy and how people — in and out of state — can help.

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For a transcript of this episode, please email transcripts@democracydocket.com.

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The Right Wing’s Latest Legal Theory Mar 10, 2023

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Civil and voting rights groups have long challenged voter suppression laws and unfair maps in court using federal voting rights protections. But the conservative legal movement is now arguing that individuals and groups cannot bring these lawsuits — only the U.S. Department of Justice can — proposing that there is no private right of action in crucial federal voting laws. If courts endorse this concept, laws like the Voting Rights Act would be severely undermined and become largely unenforceable. Marc and Paige discuss where this surge of private right of action lawsuits came from, the current cases pushing this theory and what could potentially happen.

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Case pages:
Vote.org v. Callanen
Arkansas State Conference NAACP v. Arkansas Board of Apportionment
Brnovich v. Democratic National Committee

56,000 Voters’ Rights Are at Stake in North Carolina Feat. Daryl Atkinson Mar 03, 2023

Show notes

In 1876, North Carolina added a felony disenfranchisement provision to its state constitution with the express purpose of disenfranchising Black voters. The provision remains in place today and is being challenged in Community Success Initiative v. Moore. The outcome of the case is currently pending before the North Carolina Supreme Court and will determine if individuals on probation, parole or post-release supervision — over 56,000 North Carolinians — have the right to vote. We’re joined by Forward Justice Co-Director, and attorney in the case, Daryl Atkinson to discuss what’s at stake in this crucial lawsuit.

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Mississippi’s Ongoing Efforts to Disenfranchise Black Voters Feat. Arekia Bennett-Scott Feb 24, 2023

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Mississippi passed a bill to create an unelected court system in Jackson, a city with a Black population of over 80%, with judges appointed entirely by white state officials. Unfortunately, the proposed court system is just the tip of the iceberg in a state with a long history of undermining Black political power. We’re joined by Arekia Bennett-Scott, the executive director of Mississippi Votes and Mississippi Votes Action Fund, to discuss the history of anti-democratic legislation, the slew of bills targeting Jackson and what people can do to help.

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Related links:
Mississippi Continues To Deny Black Americans Political Power
Support Mississippi Votes
Sign the petition against HB 1020
The book Arekia mentions is Redemption: The Last Battle of the Civil War by Nicholas Lehmann

Blue States Can Do Better Feb 17, 2023

Show notes

There are 17 states where Democrats control the governorship and both chambers of the state legislature. These so-called “trifectas” should use their power to pass robust legislation to protect the right to vote in their states. Marc and Paige discuss five voting laws that all blue states should pass this year.

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What’s Next on SCOTUS’ Docket? Feb 10, 2023

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The U.S. Supreme Court is already poised to issue decisions in two major elections cases that could fundamentally alter American democracy, but there are more voting rights cases coming its way. Marc and Paige discuss what’s next on the Supreme Court’s docket and what’s at stake.

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Case pages:
Moore v. Harper
Merrill v. Milligan
Ohio Congressional Redistricting: Neiman v. LaRose
South Carolina Redistricting: South Carolina NAACP v. Alexander
Mississippi Congressional Redistricting:Buck v. Reeves
Mississippi Felony Disenfranchisement:Harness v. Watson
Maryland Mail-in Ballots: Cox v. Maryland State Board of Elections
Kansas Congressional Redistricting: Rivera v. Schwab

Intimidating Voters Is Not Peachy Feb 03, 2023

Show notes

A major voter intimidation case out of Georgia went to court this week. Fair Fight Action sued True the Vote, a Texas-based, right-wing "election integrity" group, for illegally intimidating voters after the group challenged the voter eligibility of over 364,000 Georgians in the run-up to the 2021 Senate runoff elections. Marc and Paige break down how voter challenges like these work and their impact on voters.

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North Carolina Republicans Want a Redo Jan 27, 2023

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Update: On Feb. 3, 2023, the North Carolina Supreme Court agreed to rehear both cases. Find out more here.
North Carolina’s Republican-controlled Legislature wants the newly red state Supreme Court to rehear two major voting rights cases that they lost last term. Marc and Paige discuss how this is just North Carolina Republicans' latest scheme in its long history of undermining free and fair elections.

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North Carolina Republicans Ask State Supreme Court To Rehear Photo ID Law

Read The Latest Gambit From North Carolina Republicans by Marc Elias

Read: Partisan Control Was on the Line in These State Supreme Court Races by Mac Brower

Shelby County v. Holder

Moore v. Harper

Holmes v. Moore

Community Success Initiative v. Moore

The Judiciary Needs Reform feat. Senator Sheldon Whitehouse Jan 20, 2023

Show notes

On the 13th anniversary of Citizens United and the 50th anniversary of Roe v. Wade, we’re joined by special guest Sen. Sheldon Whitehouse (D-R.I.) to discuss issues facing the judiciary and the network of anti-democratic forces influencing our courts.

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Related links:
Moore v. Harper Case Page
Merrill v. Milligan Case Page
American Tradition Partnership, Inc. v. Bullock
Read Sen. Whitehouse’s amicus brief in Moore v. Harper
Read Sen. Whitehouse’s book The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court
Read A Constellation of Anti-Voting Groups Threaten Democracy by Marc Elias