Our Work

As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of Justice has demanded copies of states’ complete voter registration lists, including voters’ highly sensitive data like birthdates, partial Social Security numbers, and driver’s license numbers. The Justice Department has filed federal lawsuits against 29 states (so far) and Washington, D.C., seeking orders compelling these jurisdictions to turn over their data. This tracker monitors the Justice Department’s lawsuits.

"Since President Trump was sworn into office in January, Massachusetts Democrats have tried using the tools at their disposal — lawsuits, legislation, public condemnation — to counter the federal government’s moves on everything from immigration policy to tariffs."

The U.S. Justice Department has demanded states' complete, unredacted vote registration lists. States have mostly declined to provide their full, unredacted voter registration lists. This report examines the questions raised by the federal government's demands about the long-established authority of states to administer elections and the scope of the federal government’s role in the voter registration process.

This Report describes the recently enacted mask ban in California and the proposed laws in other states. Under existing precedent, mask bans are neither clearly prohibited nor clearly permissible. This Report also provides an overview of other options states may have to address masking by federal law enforcement.

Victims of unconstitutional federal actions often have difficulty recovering money damages for their injuries. This Report discusses a potential remedial pathway that is beginning to garner interest among policymakers and litigants: state-created causes of action authorizing people to sue federal officials for damages.

This report explores when states can or cannot pursue prosecutions against federal officials and what that has looked like in practice. This practice stretches back to at least the early 1800s, but it comes with a mixed track record. This report explores when states can or cannot pursue prosecutions against federal officials and what that has looked like in practice.

Following the 2024 election, we updated our survey of election-related lawsuits to help understand the role of litigation in our elections. This update underscores key themes from our survey of litigation from 2018 to 2022: litigants continue to file election suits at high rates, primarily in state courts, and most often presenting claims related to election administration and the mechanics of voting.

There has been growing public interest in the potential of state courts and constitutions to provide greater protections to people within their borders than what’s offered under the federal Constitution. In 2024, multiple high-profile cases wound through state judiciaries, addressing reproductive rights, democracy, criminal justice, and much more.

Ahead of Election Day 2024, courts—and especially state courts—continue to be inundated with election-related lawsuits. As in 2020, courts may see a deluge of post-election litigation as well. A recurring question in these pre- and post-election cases is whether the plaintiffs waited too long to sue. Under the longstanding equitable doctrine of “laches,” courts sometimes reject claims as untimely even when plaintiffs satisfy the applicable statute of limitations if, in fairness, the claims should have been brought sooner. This Research Note offers a 50-state survey of laches doctrine in the election context.

Every campaign season brings renewed attention to the amount of money influencing American politics, and who is spending it, and for what purposes. In particular, people are concerned about what is called “dark money.” The term sounds scary and raises the specter of shadowy people manipulating the nation’s politics. This piece unpacks what dark money is, what concerns it raises and what might be done to address it.