Explorez tous les épisodes du podcast Defending Democracy with Marc Elias

A federal judge in Washington, D.C. — appointed by Donald Trump — just blocked the U.S. Postal Service's new mail-in voting rule, delivering another major setback to the administration's effort to restrict how Americans vote just 50 days before the midterms.
Democracy Docket founder Marc Elias breaks down the ruling in DSCC v. Trump, handed down late Sunday by Judge Carl Nichols. This ruling is separate from the related mail-in voting case out of Massachusetts, which is still pending before the Supreme Court. Marc walks through how the two cases differ, what a Trump appeal could look like next and what voters need to know as ballots start going out. 

Donald Trump's Department of Justice just admitted, in its own words, what we have been saying for months: the U.S. Postal Service's new mail-in ballot rule could strip millions of Americans of their ability to vote by mail. In a brief filed with the U.S. Supreme Court, the DOJ acknowledged there is a "grave risk" that states won't be ready to comply if the rule takes effect for this year's midterms. Democracy Docket founder Marc Elias breaks down the sentence buried in DOJ's filing, what it reveals about the Trump administration's real strategy and why the rule's barcode-matching system could cause tens of thousands of eligible voters to be rejected over a single mismatched name.

[11:35 AM]Less than two months before Election Day, Democracy Docket founder Marc Elias lays out Donald Trump's blueprint to rig the 2026 midterms. An executive order could put the U.S. Postal Service in charge of deciding whether mail-in ballots get delivered at all. The Department of Justice has lost 23 straight lawsuits trying to seize state voter data. A rule change could disenfranchise thousands of voters over a single mismatched name, and a Postal Service slowdown is already increasing ballot rejection rates in this year's primaries. DOJ's seizure of ballots in Fulton County and Maricopa County looks less like an isolated fight over 2020 and more like a dry run for something bigger. Federal law enforcement at the polls is no longer an abstract threat.

Marc Elias sits down with Skye Perryman, President and CEO of Democracy Forward, for a wide-ranging conversation on the state of democracy under the second Trump administration.

A bombshell whistleblower complaint, submitted to Sen. Richard Blumenthal's office, reveals that the U.S. Postal Service allegedly kept building a new system to restrict mail-in ballots even after federal courts ordered it to stop it. Democracy Docket founder Marc Elias breaks down the two major allegations: that USPS defied court orders while developing its new "Federal Ballot Mail Portal," and that the system is designed with a "zero percent failure rate" — meaning if just one ballot in a batch of thousands can't be verified, the entire batch gets rejected and sent back, potentially disenfranchising voters over a single mismatched name or address.

With just over 60 days until the midterms, Donald Trump is still trying to weaponize the U.S. Postal Service against mail-in voters. Democracy Docket founder Marc Elias breaks down the legal fight playing out in federal courts in Massachusetts and Washington, D.C., including a temporary restraining order that's now being appealed. He also reads directly from the Department of Justice's own court filings, in which lawyers compare mail-in ballots to overweight packages, cremated remains and fake bombs to justify blocking them.

The Department of Justice just made a major move to restore a U.S. Postal Service rule that could cripple mail-in voting in the 2026 midterms. Marc Elias, founder of Democracy Docket, walks through where this fast-moving litigation stands, how we got here and what's coming that you're not hearing about anywhere else.

In a major win for free and fair elections, a federal judge blocked the U.S. Postal Service from enforcing key parts of Donald Trump’s anti-mail voting order. In this episode, Democracy Docket founder Marc Elias breaks down Judge Indira Talwani’s critical ruling and reveals how it will impact the midterm elections. Plus, Marc explains why Trump’s refusal to accept the 2020 election results is at the heart of the battles we’re fighting today.

The Supreme Court just ruled that legal challenges to Donald Trump's anti-voting executive order were filed too soon, but the fight is just getting started. The U.S. Postal Service has since finalized a rule that could block your mail-in ballot unless your state hands over sensitive voter data to the federal government. In this episode, Democracy Docket's Marc Elias breaks down where the fight is headed next, from courts in Massachusetts and Washington, D.C., to another likely showdown at the Supreme Court, and why Trump's own side built the legal doctrines that could end up sinking the rule. Plus, what's at stake for the 2026 midterms if it isn't stopped. 

The Supreme Court has sided with the Trump administration, allowing its executive order targeting mail-in voting to move forward ahead of the 2026 midterms. In this episode, Democracy Docket founder Marc Elias breaks down the conservative majority’s ruling and their claim that the potential harm was "speculative." Plus, he calls out the major contradiction at the center of the case: while the court ruled the suit was premature, the Postal Service went ahead and finalized the very restrictions state officials warned about.

Just over 70 days before the midterms, Donald Trump's Postal Service quietly issued a final rule on mail-in voting late Friday night. Buried inside it, USPS compares your mail ballot to cremated human remains and fake explosives. Yes, you read that right. Democracy Docket founder Marc Elias breaks down how we got here and explains what happens next as the rule heads toward taking effect on August 26 and the fight continues at both the Supreme Court and in Massachusetts federal court. 

Assistant Attorney General Harmeet Dhillon just announced the Justice Department will deploy 1,000 election observers for the midterms. The DOJ wants you to think this is business as usual, but Democracy Docket founder Marc Elias breaks down why this deployment is anything but and how it's laying the groundwork for what comes after Election Day. Meanwhile, it's no surprise the announcement comes the same day the DOJ lost its 23rd straight court case over access to sensitive voter data. Plus, where are these 1,000 monitors actually coming from?

With less than 90 days until the 2026 midterm elections, Trump may have finally found a lawyer with no limits — and Todd Blanche is only getting started.
In this episode of "Election Watch," Democracy Docket founder Marc Elias breaks down Todd Blanche's confirmation as attorney general and why he compares Blanche to Trump's ruthless former lawyer, Roy Cohn. Plus some good news: the Department of Justice is now 0-21 in court battles over access to state voter files. He also covers the Save Act's failure in the Senate, the Supreme Court's pending ruling on Trump's mail-in ballot order and why Ross Douthat's farewell New York Times column got it backward.

After a victory for Colorado voters, the DOJ is now 0-20 in the voter roll cases -- and we are winning. In this episode, Marc Elias breaks down the Trump administration's yearlong effort to build a national voter database, why federal judges (including eight appointed by Trump) have unanimously rejected the DOJ's demands, and why today's 90-day "quiet period" deadline may have shut the door on Trump's scheme just in time for the midterms.

Todd Blanche went from well-respected Wall Street lawyer to Trump crony. And now, he’s about to lose his dream job as attorney general. Marc Elias, founder of Democracy Docket, explains what makes Blanche so dangerous, how he is jeopardizing his Senate confirmation to protect Trump’s slush fund, and why we can’t let the legacy media shift the Overton window on Trump’s nominees.

If we want democracy to survive, here’s what we need to understand: Donald Trump is actually acting normal. Marc Elias, founder of Democracy Docket, explains the important distinction between abnormal and immoral, why the courts should do away with the presumption of regularity, and what Democrats need to do to create a better, moral “new normal.”

Democracy Docket founder Marc Elias introduces "Election Watch: Countdown to the 2026 Midterms," a new weekly series breaking down what's really at stake ahead of November. In Episode 1, Marc lays out Trump's three-part strategy to subvert the election: suppressing Democratic votes, manipulating voter data to disqualify voters and using false fraud claims to challenge results.

Earlier this year, Texas quietly admitted to the federal government that non-citizens had been mistakenly registered to vote there due to clerical errors, the same kind of mistake now fueling outrage over New Jersey. Democracy Docket founder Marc Elias breaks down what actually happened in both states, why neither is proof of the voter fraud conspiracy Republicans are selling, and why the SAVE Act and voter ID laws wouldn't have stopped either error.

Democracy Docket founder Marc Elias breaks down why elections are a game of inches, and why the GOP's real 2026 strategy is making it harder to vote and easier to cheat. He walks through the RNC's own lawsuit admitting late mail ballots favor Democrats, the Supreme Court's 5-4 ruling against them, and another win in Kansas protecting mail voters. We can't get complacent. Only 19 states protect these ballots, and a lot is on the line before November.

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Homeland Security Secretary Markwayne Mullin just admitted it: Real ID doesn't prove citizenship. In this video, Democracy Docket founder Marc Elias breaks down the 15-word slip that exposes the real goal of Trump's voter ID push and why only two documents actually prove citizenship — documents that many Americans don't have. It's a policy that hits Black voters and married women hardest, and the Election Integrity Network's own handbook shows it's by design.

Trump gave a speech Thursday night packed with recycled 2020 grievances and zero new evidence. But buried at the end was a directive every voter should be paying attention to before 2026. Democracy Docket founder Marc Elias breaks down what Trump actually said, why his claims about Chinese hacking, "vulnerable" voting machines and noncitizen voting don't hold up, and what he's really setting up: a partisan purge of voter rolls before the midterms.

The Supreme Court just closed out its most consequential term in a generation — gutting the Voting Rights Act, ending 90 years of independent agency precedent and testing the limits of presidential power.
Democracy Docket founder Marc Elias hosted a panel of legal experts to break down the key decisions shaping democracy: Janai Nelson, president and director-counsel of the NAACP Legal Defense Fund, who argued Louisiana v. Callais before the Supreme Court; Joyce Vance, former U.S. attorney for the Northern District of Alabama; and Cody Wofsy, deputy director of the ACLU's Immigrants' Rights Project, who was lead attorney in the lower courts on Trump v. Barbara and part of the team that defended it before the Supreme Court.

Democracy Docket founder Marc Elias breaks down Trump's firing of the remaining commissioners at the Election Assistance Commission, the federal agency that certifies voting equipment, administers a national backup voter registration form and provides expertise and training to state election officials. It's now legally paralyzed months before the 2026 midterms. Marc argues Trump likely has two main motives: sidelining nonpartisan election expertise (as he's done with vaccines, food safety and the military) and deliberately degrading state election administration to manufacture a post-election narrative. He also warns that without commissioners, the White House may try to pressure EAC staff directly.

Marc Elias sits down with Brian Tyler Cohen to discuss his new book, "The Day After: How to Wield Power in a Post-Trump World," which makes the case that Democrats need to fight harder and prioritize outcomes over institutional deference. They break down the Supreme Court's latest term and the case for court reform, but also dig into the bigger argument: that clinging to norms like the filibuster risks squandering a rare chance to win back disillusioned voters. Brian lays out what he believes Democrats need to be ready to act on from day one, including voting rights reform and election integrity They also break down how independent media is reshaping political strategy heading into the midterms.

The Supreme Court's term just ended, and the results were mixed for voting rights. Democracy Docket founder Marc Elias breaks down the wins — including a 5-4 ruling protecting mail-in ballots postmarked by Election Day — and the losses, including Louisiana v. Callais, which gutted Section 2 of the Voting Rights Act, and the Slaughter case, which lets Trump fire independent agency officials at will (except at the Federal Reserve).  But there's no time to sit with these rulings. Trump doesn't accept a loss and move on. With 196 voting cases pending nationwide and the midterms just four months away, Marc explains why the pro-democracy movement needs to stay ready for what comes next.

Former Secretary of State Hillary Clinton joins Marc Elias on Defending Democracy for a wide-ranging conversation on Trump's Justice Department and blatant corruption, the Supreme Court's assault on voting rights and the decades-long right-wing machine that made it all possible. Clinton, who has been on the front lines of these fights since the 1990s, pulls no punches on the institutions that have failed to push back and what Democrats need to do to win in 2026.

The Supreme Court upheld birthright citizenship 6-3, rejecting Trump's executive order — but three justices sided with Trump, and Justice Kavanaugh's concurrence signals the fight may not be over. Democracy Docket founder Marc Elias also breaks down the other cases that closed out the term: a 5-4 win in the mail-in ballot case, where the RNC tried to stop states from counting ballots postmarked by Election Day but received after, and a loss in his campaign finance case where six justices struck down a provision that had been law since 1976. The wins are worth celebrating, but the margins are narrow and none of these fights are finished.

Democracy Docket founder and voting rights attorney Marc Elias spent years litigating Watson v. Republican National Committee from trial court all the way to the Supreme Court — despite plenty of people telling him he couldn't win. In this video, he breaks down the court's 5-4 ruling rejecting the RNC's effort to throw out mail-in ballots postmarked by Election Day but received afterward. He also explains why every state should now adopt this rule and what you can do to make that happen.

A federal judge in Massachusetts just blocked Trump's executive order that would have let him use the Post Office to control who can vote by mail. This is a massive win for democracy — and it's not the only one.
In this video, Marc Elias breaks down three major court victories against Trump's effort to restrict voting, collect your sensitive voter data and undermine mail-in ballots before 2026.

Democracy Docket founder Marc Elias joins Nicolle Wallace's Deadline: White House to break down Trump's scheme to control who gets to vote in the 2026 midterms. Trump's DOJ has sued states across the country to seize voter files — and lost every single case so far. But winning in court may only be the beginning. Trump is following the same grievance playbook he used in 2020, and the next phase could be far more dangerous.

The DOJ has sued 31 states to seize your most sensitive voter data. They've lost every single case so far: nine courts, zero wins. In this episode, Marc Elias breaks down why Trump's voter data obsession isn't just a PR stunt — it's about building a national voter list the White House controls and using it to decide who gets to vote in 2026.

Former U.S. attorney and University of Michigan law professor Barbara McQuade spent decades prosecuting organized crime, corrupt officials and con men. In her new book, "The Fix: Saving America from the Corruption of a Mob-Style Government," she makes the case that what's happening in Washington right now looks very familiar. In this episode of Defending Democracy, Marc Elias sits down with McQuade to break down how Trump has turned the Department of Justice into a tool of political retribution, why major law firms and media companies caved to White House pressure and what everyday Americans can do to fight back.

Days after the Supreme Court's Louisiana v. Callais decision, Tennessee became the first state in the country to eliminate a majority-Black congressional district. Memphis was cracked into thirds in just 72 hours, with no hearings, no community input and no requirement to notify voters. State Rep. Justin Pearson breaks down how it happened, what was lost and why he's running for Congress anyway — in the very district they drew to stop him.

Democracy Docket founder Marc Elias breaks down the three fronts of Donald Trump's war on voting: restricting voter registration through proof-of-citizenship laws and a national voter database, controlling who gets to use mail-in voting by weaponizing the U.S. Postal Service and laying the groundwork for another "stop the count" campaign.

Trump and his administration are quietly building a national list of approved voters — and if your name isn't on it, you may not be able to vote by mail in 2026. Democracy Docket founder Marc Elias breaks down the scheme, explains why Trump's DOJ is losing in the courts, and lists what you can do right now to protect your vote.

As California carefully counts its votes the same way it always has, Trump and his allies are calling it rigged, weaponizing the DOJ and laying the groundwork to reject results they don't like in 2026. In this video, Democracy Docket founder Marc Elias pulls back the curtain on Trump's California election strategy and what it means.

The Supreme Court didn't issue any opinions on major democracy cases this week — but the decisions that will shape our country's future are coming. Democracy Docket founder Marc Elias breaks down the three biggest cases on the docket: RNC v. Watson, which could ban states from counting mail-in ballots that arrive after Election Day; NRSC v. FEC, a campaign finance case Marc personally argued before the court; and Trump v. Barbara, the birthright citizenship case, which has sweeping implications for voter ID.

Marc Elias and Harry Litman reunite to break down the biggest rule-of-law stories of the moment: DOJ corruption, what the Supreme Court is likely to hand down this month and why legacy media is in an irreversible death spiral. Plus: what happened to Todd Blanche?

Democracy Docket founder Marc Elias sits down with Skye Perryman, CEO of Democracy Forward, to break down the legal fight against Trump's $1.788 billion slush fund — and why the Department of Justice made a huge legal mistake. They also discuss Democracy Forward's efforts to expose DOGE's voter data security breaches, and how their work is an important reminder that due process is available to all of us. Even when going up against the president.Subscribe to our free newsletters or upgrade to support our work: https://bit.ly/3OK7w4A Learn more about Democracy Forward: https://democracyforward.org/

After the Callais decision, many Republican states rushed to push through gerrymandered maps. While some of these redistricting efforts resulted in wins for the GOP, two states resisted—and the fight is still on. In this video, Marc Elias breaks down the most recent developments in the gerrymandering war and what that means for representation across the South.

The Purcell principle is a legal concept in U.S. election law that dictates federal courts should not alter state voting rules, district maps, or election procedures too close to an election. That is, unless you’re a Republican state. Marc Elias breaks down the contradictory nature of the Supreme Court when it comes to using Purcell, and what this means for the redistricting fight ahead of the 2026 midterm elections.

Cleta Mitchell’s anti-voting group recently released its midterm playbook, urging lawmakers and election officials to severely restrict mail-in voting, eliminate same-day voter registration, and impose rigorous ID requirements. This is Project 2026, and Republicans are coming directly for your vote. In this video, Marc Elias breaks down the key propositions that will make it harder for you to cast your ballot in the midterms and beyond.

Supreme Court rulings don't just shape the law, they can also change what becomes acceptable in politics. Democracy Docket founder Marc Elias explains how Republicans are already using the recent decision in Louisiana v. Callais to target Black and Latino representation and minority voting rights far beyond Louisiana. The most dangerous part of the ruling isn't just the legal outcome, it's the cultural message it sent.

House Democratic Leader Hakeem Jeffries joins Marc Elias to break down Donald Trump's mid-decade gerrymandering war, the Supreme Court's Callais decision, and the New York Democracy Project — his home state's plan to fight against GOP gerrymandering.

The Supreme Court just gutted the Voting Rights Act in Louisiana v. Callais, delivering what Marc Elias calls the worst voting rights ruling in modern memory. The fight isn't over — but no new law can undo what the court just did. So what comes next, and how do we actually push back?
In this Democracy Docket panel, Marc Elias is joined by Damon Hewitt, president and executive director of the Lawyers' Committee for Civil Rights Under Law; Leah Litman, University of Michigan law professor and co-host of Strict Scrutiny; and Rep. Jamie Raskin, ranking member of the House Judiciary Committee.
Together they break down the Callais ruling, the Supreme Court's pattern of dismantling voting rights, the threat to Black and Latino representation in Congress, and the real reforms that could turn this around.

In the fallout of the Supreme Court decision gutting the Voting Rights Act, Republican states across the country are rushing to redraw their congressional maps. Governor Jeff Landry has even called a state of emergency to suspend Louisiana's ongoing primary elections. Marc Elias breaks down what this means for voters, what Republicans will try next, and why we need to stay hopeful in the face of this existential threat.

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Louisiana governor suspends active election to allow for gerrymander

https://www.democracydocket.com/news-alerts/louisiana-governor-suspends-active-election-to-allow-for-gerrymander/

0:00 The Supreme Court Guts the Voting Rights Act

3:01 History of Attacks on the Voting Rights Act

7:04 Louisiana Governor Suspends Elections

11:44 Republicans Dismiss the Crisis

18:36 What You Can Do to Fight Back

22:43 Why 2027 and 2028 Redistricting Battles Matter

25:36 Democracy Has Always Been Under Attack

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Democracy Docket is the leading digital news platform covering voting rights and elections in the courts — from an unapologetically pro-democracy and independent standpoint.

Covering election and voting litigation is central to our mission. But today’s battles over democracy — access to voting, gerrymandering, executive overreach, the rule of law and more — also play out in Congress, in the Trump administration and in states around the country. As Trump and his GOP allies work to dismantle our democracy, we’re committed to exposing the threats through in-depth reporting and expert analysis you won't find anywhere else.

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Michael Popok (LegalAF) joins Marc Elias to break down the recent indictment of James Comey, the Department of Justice losing credibility with federal judges, and the latest updates in the Epstein Files saga.Subscribe to our free newsletters or upgrade to support our work: https://bit.ly/3OK7w4A00:00 Today's Guest: Michael Popok01:47 DOJ Has Lost the Court's Confidence06:43 Trump Gets Away With Everything10:11 Did Trump Dictate this Court Filing?17:31 The Comey Seashell Indictment25:10 Trump Can't Escape the Epstein Files32:10 Republicans' Redistricting Gamble May Backfire37:37 Florida Redistricting Updates39:54 How Michael Popok Built Legal AF on YouTube----Democracy Docket is the leading digital news platform covering voting rights and elections in the courts — from an unapologetically pro-democracy and independent standpoint. Covering election and voting litigation is central to our mission. But today’s battles over democracy — access to voting, gerrymandering, executive overreach, the rule of law and more — also play out in Congress, in the Trump administration and in states around the country. As Trump and his GOP allies work to dismantle our democracy, we’re committed to exposing the threats through in-depth reporting and expert analysis you won't find anywhere else.Catch up on our latest reporting: https://www.democracydocket.com/Sign up for our free newsletters: https://newsletters.democracydocket.com/youtubeFollow us:Bluesky: https://bsky.app/profile/democracydocket.comX: https://x.com/DemocracyDocketFacebook: https://www.facebook.com/democracydocketInstagram: https://www.instagram.com/democracydocket/Reddit: https://www.reddit.com/user/DemocracyDocketTikTok: https://www.tiktok.com/@democracydocket

BREAKING: The U.S. Supreme Court just kneecapped the Voting Rights Act (VRA), a landmark civil rights law that restricted racial gerrymandering and racial discrimination in voting. Marc Elias is joined by Legal Content Editor Ashley Cleaves to break down the implications of this ruling and the impact it will have on voter representation.

Subscribe to our free newsletters or upgrade to support our work: https://bit.ly/42wcKUC----Democracy Docket is the leading digital news platform covering voting rights and elections in the courts — from an unapologetically pro-democracy and independent standpoint. Covering election and voting litigation is central to our mission. But today’s battles over democracy — access to voting, gerrymandering, executive overreach, the rule of law and more — also play out in Congress, in the Trump administration and in states around the country. As Trump and his GOP allies work to dismantle our democracy, we’re committed to exposing the threats through in-depth reporting and expert analysis you won't find anywhere else.Catch up on our latest reporting: https://www.democracydocket.com/Sign up for our free newsletters: https://newsletters.democracydocket.com/youtubeFollow us:Bluesky: https://bsky.app/profile/democracydocket.comX: https://x.com/DemocracyDocketFacebook: https://www.facebook.com/democracydocketInstagram: https://www.instagram.com/democracydocket/Reddit: https://www.reddit.com/user/DemocracyDocketTikTok: https://www.tiktok.com/@democracydocket

Republicans across the country are attempting to gerrymander their way to electoral victory, and Florida is the latest state to join this movement. Marc Elias is joined by Legal Content Editor Ashley Cleaves to break down all of the battlefronts in the redistricting war and predict who will come out on top when the dust settles.

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00:00 The Redistricting War

01:02 Trump Started in Texas

04:58 Desantis Pushes Forward New Florida Gerrymander

06:59 The Legal Ramifications of Florida Maps

10:37 Why This Map Could Actually Backfire for Republicans

Donald Trump's nonstop lying about elections isn't accidental; it's a strategy. In this video, Marc Elias breaks down Trump's propaganda tactics, and how we can all stay vigilant in the face of this threat.

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00:00 How Propaganda Threatens Free and Fair Elections

01:12 Trump Blurs Truth and Reality

03:49 Election Lies and Social Media Disinformation

15:55 How 2020 Election Lies Were Built

19:51 The Real Goal Behind “Proof of Citizenship” Laws

28:24 New 2026 Strategy Attacking Voter Rolls

34:00 Redefining Citizenship and Controlling Who Votes

39:48 Ballot Seizures and Weaponizing the Justice System

42:50 Why Truth Itself Is the Ultimate Target