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Cycles of History, Frustration, and Hope

I believe that we must create space for building authentic multiracial democratic community by naming and changing mechanisms that frustrate voting processes and risk backsliding from democratic aspirations. We must give space for every voice and each voter to believe that their vote matters.

On Wednesday, May 13, 2026, I was formally recognized by the Case Western Reserve University School of Law as the Morris G. Shanker Professor of Law. In this manuscript for my investiture remarks, I offer a personal reflection on how the present moment in American democracy (especially post-Callais) fits into history and how I find hope in this most difficult of moments.

Last month, I was having lunch with a friend of decades-long acquaintance, a friend with whom I connected at my thirty-year college reunion. Early in our meal, I complained about a book chapter I was working on. I commented that I found myself frustrated. I felt sick of writing about the law of democracy over and over again.

Of course, the chapter is about voting rights and voter suppression – topics about which I’ve written at length in what is now the prelude to my twentieth year in the legal academy. I’ve tried to name voter suppression as inequality, an expression of—and a product of—disinformation, distrust, and discord around the belief that we can and should have an authentic multiracial democracy. The existence of voter suppression cuts against the vision that the voters (and We the People generally) ought to be treated as the true source of the legitimacy of our republic, since the legitimacy of government comes from “the consent of the governed.”

Photo from Investiture and Faculty Awards May 13, 2025 (credit: Laura McNally)

Those words from the Declaration of Independence make a promise, a promise that our Founders encoded (poorly) in the Constitution. And when, after two generations of struggle our republic found that this promise—such as it was—did not truly speak to the people since the Constitution perpetuated caste, our republic made this promise again in its “second founding” brought about by the Reconstruction Amendments and the laws meant to bolster it, like the Civil Rights Act of 1866 and the Klu Klux Klan Act of 1871. And when, again, that promise failed because Jim Crow made two Americas–a democracy for some, and a racial authoritarian state for others–and in the name of answering the demand of folks like Martin King’s who demanded of this country to “Give Us the Ballot,” this nation again restated its promise – through laws like the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

In all these places I have found the possibility and the potential that we must our heart, be a democracy and build community despite the received boundaries of race, sex, gender, nationality, ability and distrust. I believe that we must create space for building authentic multiracial democratic community by naming and changing mechanisms that frustrate voting processes and risk backsliding from democratic aspirations. We must give space for every voice and each voter to believe that their vote matters. This will serve the goal of governmental legitimacy and preserve the democratic promise. 

Continue reading “Cycles of History, Frustration, and Hope”

On Birthright Citizenship and the Reconstructed Constitution

Prof. Atiba Ellis and Spectrum News Ohio Political Anchor Curtis Jackson discuss the significance of the Supreme Court birthright citizenship decision. #birthright #citizenship #SupremeCourt

I had the honor yesterday to talk with Curtis Jackson of Spectrum News Ohio’s Capital This Week about the decision in Trump v. Barbara, the birthright citizenship opinion where the U.S. Supreme Court reaffirmed the universalist meaning of the Citizenship Clause of the Fourteenth Amendment.

In this extended interview, Mr. Jackson and I spoke about the deeper historical and doctrinal meanings of the decision and its connection to the disputes to come in the US around citizenship and participation.

Check it out here.

Callais Media Roundup

ICYMI commentary by Professor Atiba Ellis on the Callais decision and its impact on gerrymandering in the post-Voting Rights Act world

It’s only been a month since the United States Supreme Court’s decision in Louisiana v. Callais. But it has already had significant impact on the ongoing congressional election it was handed down in late April. While there is more to say about this decisions meaning, impact, and ramifications, I wanted to gather here the interviews I’ve done on the immediate meaning and the unfolding impact of the decision. Hopefully this commentary can help us think more about the impact of Callais as we watch the post-Voting Rights Act world unfold.

On the day of the decision, for National Public Radio, I provided comment for their April 29 Politics Podcast, the reporting on April 30 on Up First and Morning Edition as well as the April 29 web article reporting by Hansi Lo Wang regarding the immediate impact of the decision. It was a pleasure to talk to Mr. Wang and to follow his continuing reporting on this issue.

For the WGN Radio Podcast “Legal Face Off with Rich Lenkov and Tina Martini,” I had the opportunity to do an explainer with them about Callais and its impact on the current (and extraordinary) mid-decade redistricting cycle that’s ongoing. I enjoyed my fast-paced conversation with the Face-Off crew and look forward to more discussions.

And for CNN, I had the pleasure to be interviewed by Kim Brunhuber on May 2 for the CNN-International hour to discuss the developing efforts by some states to redistrict post-Callais. Though it was an early interview, we had the important opportunity to discuss redistricting developments mere hours after they occurred.

I’m grateful to these media outlets for the opportunity to discuss the impact and developing controversies around Callais. And as I suggested earlier, there is more to say for both academic, media, and public outlets, including the in-depth conversation I had with the Urban League of Cleveland Young Professionals, the lecture I gave to the Wisconsin Association of African American Lawyers, and my own previous commentary for the Oxford Human Rights Hub on redistricting. I will write more via their platform–and on atibaellis.com–soon.

WAAL Talk on Voting Rights in Milwaukee, WI – Wed., May 29, 2026 at 5:30 pm CDT

On Wednesday, May 28, 2026, at 5:30 pm Central, I will be giving a CLE talk for the Wisconsin Association of African American Lawyers on the current state of voting rights in the United States. You can expect discussion of current issues around voter suppression, gerrymandering, the Callais decision — all in needed historical context. So if you’re in or near Milwaukee tomorrow, please feel free to attend. Registration is required and can be done at this link: https://waalawyers.memberclicks.net/voting-rights-cle

The New Normal of Redistricting — my new commentary on recent mid-decade redistricting at Oxford Human Rights Blog

I recently wrote this commentary for the Oxford University Human Rights Blog Hub concerning the disturbing move to mid-decade gerrymandering in Texas, California, and elsewhere in anticipation of the 2026 congressional elections. As the blog discusses, what has happened in the lead up to this fall’s congressional elections will have implications for years to come. Read more at the link.

Thoughts on July, Reconstruction, and a New Birth of Freedom

I have a habit of memorializing July 3, 1863 — the end date of the Battle of Gettysburg. When I’m home, I will usually stream Episode Five of The Civil War by Ken Burns: The Universe of Battle. (Actually, I still own the DVD box set.) I’ve written about this habit of mine before. Indeed, I texted friends of mine “Happy July 3rd!”

I believe Gettysburg matters now more than ever because the victory there opened America to a possibility of “a new birth of freedom.” But that possibility can still be lost.

Now, I realize you’re probably reading this while celebrating Independence Day 2025. You might be thinking, isn’t “The Fourth,” which celebrates the signing of the Declaration of Independence on July 4, 1776, the holiday that matters? If July 3rd was a big deal, you might argue, it would be a holiday too. Maybe you’re lauding the fact that the Declaration pronounced that “all men are created equal.”

But that proposition, while an eloquent and seminal idea, isn’t the entire story. Thomas Jefferson, the drafter of the Declaration, wrote, then under pressure, deleted an anti-slavery passage from the Declaration. Even after the Revolution, slavery shaped the framing of the Constitution and divided the United States for decades. Indeed, Fredrick Douglass, lauded abolitionist and civil rights activist, pointed out in 1852 the meaningless of celebrating the liberty and equality proclaimed on the Fourth of July in the face of chattel slavery. All persons may have been created equal, but slavery created a caste system that divided America.

This entrenched conflict over slavery came to a head in the Civil War, and 87 after the founding, on July 1-3, 1863, the Battle of Gettysburg was fought. To quote the Smithsonian Institution’s essay celebrating the 150th anniversary of the Civil War, the Battle of Gettysburg was “the moment of decision” for the conflict.

A chaotic scene depicting the Battle of Gettysburg, with soldiers, horses, and cannons amidst smoke and dust.
By Paul Philippoteaux – National Park Service website: [1], Public Domain, https://commons.wikimedia.org/w/index.php?curid=2051550

“Gettysburg changed everything,” the Smithsonian essay continues. After the defeat of the Army of Northern Virginia, “[t]he North began to see Robert E. Lee as a mortal, a flawed individual capable of being defeated. Also, coupled with General Ulysses Grant’s vanquishing of the last southern stronghold on the Mississippi—Vicksburg fell on July 4, the day after the conclusion of Gettysburg—the North believed that the Union cause had finally acquired military leaders capable of prosecuting the war.”

The possibility of new liberty through Union victory became clear in July 1863.

And with victory in April 1865 came Reconstruction, and with it the abolition of legal slavery, the redefinition of citizenship, and the creation of the foundation of the civil and political rights in America today. Yet, as quickly as these rights were articulated, these rights were betrayed through political manipulation, judicial undercutting, and open racial violence. Nearly a century of Jim Crow segregation ensued, and America needed protest from Selma to Washington to lead to a Second Reconstruction that (re-) establish the promise of formal civil and political rights for all. And even today, the terms of Reconstruction are still being debated and can be lost.

But without the conclusion of the Civil War, and the turning of the tide of that war made at Gettysburg, the United States as we know it now could never have existed. Indeed, without the victory at Gettysburg, Lincoln could not have articulated in his famous address at the dedication of the Gettysburg battlefield, a new declaration for the United States:

that this nation, under God, shall have a new birth of freedom – and that government of the people, by the people, for the people, shall not perish from the earth.

To read July 3rd along with July 4th, to see the scope of America as ranging from Independence Day to Gettysburg, from the Colfax Massacre to Selma, from the beginning to today and all the struggle in between, is to recognize that the work of Reconstruction remains incomplete.

It is to celebrate how far American has come, but to recognize how far America has to go to fulfill its promise. Propositions that we used to think of as well settled — like birthright citizenship, a universal right to vote, and a commitment to liberty and justice for all — remain contested a century and a half later.

And so long as we debate whether some have rights, and others suffer as a consequence, none of us is truly free. And the work of changing this for the better, of making us all free is, in Lincoln’s words, “the great task remaining before us.”

Black History Lecture, Greenbrier County, WV on 2-23-23

I will be in Lewisburg, WV, to deliver a lecture on voting rights, race, and democracy for the Greenbriar County Chapter of the West Virginia NAACP on Thursday, February 23, 2023, at the County Courthouse. This will be part of the Chapter’s Black History Month Celebrations. This will also be a fun return to see friends and former colleagues from West Virginia. I look forward to it, and if you are in the area, please come by. More information can be obtained from the Greenbriar NAACP website or by calling the chapter at (304) 952-9927.

Chisolm Distinguished Research Scholar Appointment

As you may recall, I announced last fall that I had been appointed a Professor of Law at Case Western Reserve University School of Law. Today, I follow up with additional personal news–that I have been appointed the Laura B. Chisolm Distinguished Research Scholar at Case Western. I am proud of this, as it marks a milestone in my ongoing research mission.

And this particular distinguished scholar designation is in memory and honor of the late Professor Laura Chisolm, an alumnus of Case Western Law, and a distinguished researcher around wills and trusts, and an academic leader in her own right. (More on her legacy here.) I’m honored that through this appointment, I will get to carry on my research mission of defending and bolstering American democracy in her honor.

On the Move to Case Western

I will be joining the Case Western Reserve University School of Law faculty effective January 1, 2023. Though this is a major transition, I will nonetheless continue my teaching and scholarship around Election Law, Civil Rights, and Race and the Law.

Academics don’t usually like to “self promote,” especially when it comes to big career moves. But this is news about me that I’m thrilled to share:

I will be joining the Case Western Reserve University School of Law faculty as a tenured full professor effective January 1, 2023. Though this is a major transition, I will nonetheless continue my teaching and scholarship around Election Law, Civil Rights, and Race and the Law.

In particular, I will be engaged two exciting projects in the near future at Case which will expand my research, engagement, and public commentary around voter eligibility, democracy, and race. First, I’m excited to share that I am co-authoring a forthcoming new edition of Derrick Bell’s Race Racism and American Law (with Cheryl Harris, Justin Hansford, Amna Akbar, and Audrey McFarland). The completed book will be forthcoming in the next year or so. Second, I look forward to furthering preliminary work I have done towards a book project around voter suppression and American democracy. Both of these projects will inform the contributions I look forward to making at Case.

While I’m saddened to leave my friends at Marquette and am grateful for the five years of community I have had in Wisconsin, my spouse and I are excited to have the opportunity to be on the ground in Ohio. While she forwards her work on military ethics, I look forward to continuing to teach, lecture, and research around the present and future of American democracy.

The Website is Alive Again!

With a nod to the UK, I’m happy to announce the republication of atibaellis.com

After too long of a hiatus, I write to announce that the website is now active again. I’m excited about this, and I look forward to sharing new projects and big changes to come.

While the website has been around since 2016 and remains a resource, the last two years have been a challenge. The pandemic diminished my capacity, and like all of us, I had to make choices. Among the many of things I had on my plate, this website and my Internet presence fell to the bottom of the to-do list.

No longer!

In anticipation of some exciting new projects and the need to fight for American democracy, I am now returning to the blogosphere and reviving this website to make it a useful, functioning, interactive platform once again.

If you take a browse now, you’ll notice that I have updated it with my work from the last two years. This includes two new law review essays (which you can find on the Research tab), a number of the online programs I’ve participated in since the pandemic (available under Media Appearances), and the most recent Public Scholarship I have written on and around the issues American democracy has faced — especially in the aftermath of the 2020 election. And in the coming months, you can anticipate that I’ll blog about forthcoming projects, lectures, and stuff worth your read, including two book projects to which I am contributing–including the Seventh Edition of Bell’s Race Racism and American Law. Moreover, I’ll soon announce some big professional changes that I’m happy to share.

The bottom line is that atibaellis.com is back! Stay tuned!