Stanford Legal Stanford Legal

U.S. Elections Under Pressure from White House

Sep 18, 2026 · 30m

Summary

Stanford Law professor Nate Persley discusses the escalating legal battles surrounding the 2026 midterms, focusing on mid-decade redistricting and mail-in voting. The episode covers the Supreme Court’s decision to uphold Missouri’s pre-redistricting lines, highlighting a new era of partisan gerrymandering and "tit-for-tat" political retaliation. Persley also analyzes the suspension of a controversial Postal Service rule that would have required states to upload voter data for mail ballots, warning that such last-minute changes create chaos and suppress voter participation.

Topics discussed

Introduction: The new era of redistricting litigation Show intro and guest Nate Persily background Overview of Missouri redistricting and mail ballot issues Missouri mid-decade redistricting and the 2026 election lines Supreme Court intervention and Justice Kavanaugh's denial Procedural delays and the secretary of state's role Historical context of redistricting and gerrymandering Legal shifts: Shelby County and the Voting Rights Act The return of the 'general ticket' and single-party delegations Comparing the House to the pre-17th Amendment Senate Potential federal legislation and the 2030 redistricting cycle 2030 Census concerns and the definition of 'inhabitants' Citizenship questions and the history of race in the census Shift to mail-in voting and the role of the Postal Service Federal executive orders and state election authority Postal Service portal and voter matching requirements Implementation failures and state challenges to the new rules Supreme Court's initial rejection of the mail ballot challenge Ripeness, mootness, and the risk of election chaos Government arguments and the lack of fraud evidence Federal-state power dynamics and the Purcell principle Supreme Court fracturing and suppression through chaos Closing remarks and call to action
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