Richard Pildes is a Professor of Constitutional Law at New York University. He is one of the nation’s leading scholars of constitutional law and a specialist in legal issues concerning democracy. A former law clerk to Justice Thurgood Marshall, he has been elected into the American Academy of Arts and Sciences and the American Law Institute, and has also received recognition as a Guggenheim Fellow and a Carnegie Scholar. In dozens of articles and his acclaimed casebook, The Law of Democracy, he has helped create an entirely new field of study in the law schools. His work in this field systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the structure of voting systems, the representation of minority interests in democratic institutions, and similar issues.
As I’ve Zoom-traveled the country speaking about legal issues involving the election, I have found myself, as well as audiences, bewildered and frustrated by one underlying question: Why is there so much legal uncertainty about so many critical questions concerning the rules for resolving a disputed presidential election? If ever a need existed for clear […]