Television and Online Video
“The Supreme Court Affirmative Action Decision, Explained,” Case Western Reserve University School of Law, July 7, 2023. Case Western Reserve University School of Law hostedd a webinar about the U.S. Supreme Court’s affirmative action decision in Students for Fair Admissions Inc. (SFAI) v. President and Fellows of Harvard and SFAI v. University of North Carolina. Faculty members lending their expertise include Atiba Ellis, the Laura B. Chisholm Distinguished Research Scholar and professor of law and Jessie Hill, the Judge Ben C. Green Professor of Law and associate dean for research and faculty development.
“Case Western Reserve law professor discusses end of affirmative action,” WKYC Studios, Cleveland, June 29, 2023. Atiba Ellis, the Laura B. Chisholm Distinguished Research Scholar and professor of law, said he was “shocked but not surprised” by the Supreme Court’s ruling that banned the use of race in college admissions. “This ruling fulfilled the long legacy of Chief Justice John Roberts and this court—Justice Roberts was using this rhetoric as far back as 2007, (when he said) that the only way to stop discriminating on the basis of race was to stop discriminating on the basis of race,” Ellis said. “So we’ve seen this decision coming for a long time.”
“‘It’s going to be extremely difficult to achieve diversity:’ Experts weigh in on affirmative action decision,” NBC News 5 Cleveland, June 29, 2023. News 5 Evening Anchor Courtney Gousman spent Thursday talking to experts and leaders, including Case Western Reserve University Law Professor Atiba Ellis, to see what kind of impact the ruling may have on us here in Ohio.
Brittany Bailer, “Howard University School of Law to Host Inaugural Broady Symposium,” The Dig: Howard University’s News & Stories Hub,” Howard University school of Law Broady Symposium on Structural Inequality: Post-Racial Constitutionalism and the Roberts Court, April 13, 2023.
Morgan Trau, “How to find out if your voter registration was removed in Ohio’s mass purge,” NBC News 5 Cleveland, February 27, 2023. Professor Atiba Ellis, Case Western Reserve University Professor and Morgan Trau, NBC News 5 Cleveland, discuss the recent voting purge of Ohio rolls.
Gailyn Markham, “‘Worthiness to Vote’ topic of Greenbrier County Black History Month Discussion,” NBC WVVA News, February 23, 2023.
Discussion: “The Right to Vote and the Enduring Civil Rights Struggle,” Pritzker School of Law. January 19, 2023. Atiba Ellis, a tenured professor at Case Western University School of Law, and a nationally recognized scholar on matters of race, voting rights and election law will discuss the civil rights legacy celebrated on the Martin Luther King Jr., holiday. From the campaigns of Frederick Douglass to the 1960s’ civil rights protests, to the struggles around election integrity today, the conversation will reflect on the legacy of the contested right to vote and what democracy could mean in the multiracial America of the 21st century.
The Truth about Voting Rights, Tea Time with the Robert H. Jackson Center, Jamestown, NY. February 24, 2022.
Conversation with Professor Atiba Ellis about voting rights as part of the Jackson Center’s programming theme of “Democracy on Trial.” The Center hosted conversations on the pressures on, challenges to, and opportunities for democracy and democratic institutions in the United States and around the world. (1:01:22)
“What is the Difference Between Voting Rights and Voting Access?,” BNC, January 13, 2022.
On The Issues: Changes to Election Laws — Is Your Right to Vote Secure?, Marquette University Law School, Eckstein Hall, October 20, 2021
Mike will be focusing on recent changes to state election laws across the country and their potential impact on future elections. Supporters of the changes say they are a response to concerns about voter fraud, particularly in the 2020 election cycle. But voting rights advocates say that there is no proof of widespread voter fraud, and that the new legislation is an effort to suppress voter turnout. In this conversation, we’ll hear from two people concerned about the new wave of legislation. Molly McGrath is a voting rights attorney, advocate, and organizer for the American Civil Liberties Union’s Voting Rights project. She is a Brooklyn Law School graduate and previously worked on voting rights issues for the organization VoteRiders. Atiba Ellis is professor of law at Marquette University Law School, whose research focuses on voting rights law. (50:30)
Panelist, “Election Lies and the First Amendment,” Lies and the Law Series, Knight Foundation for the First Amendment, Columbia Law School, October 13, 2021
How should the government regulate election-related speech? Should lies about where, when, or how to vote be illegal? What of lies about election results, as in Trump’s “Big Lie”? Should such lies be regulated more aggressively by the social media platforms, or even the government? Other election-related lies also raise thorny free speech questions. Can or should foreign actors be able to intervene in electoral speech in the run-up to elections? How much should campaign finance law be used to patrol misinformation and disinformation about election donations and spending? Is it possible to regulate election-related speech more stringently without giving government officials power to undermine the integrity of the democratic process? More fundamentally, how exceptional should we consider the electoral context when it comes to the regulation of lies? And how do race, nationality, and gender play into both election-related disinformation and its regulation? Featuring: Richard Hasen, University of California, Irvine School of Law; Janell Byrd-Chichester, THurgood Marshall Institute of the NAACP Legal Defense and Educational Fund, Inc.; Atiba Ellis, Marquette University Law School; and Matt Perrault, Center on Technology Policy at the University of North Carolina at Chapel Hill. Moderated by Genevieve Lakier, Knight First Amendment Institute. (1:38:33)
John Piche, “Professor Atiba Ellis on the Courts, Reparations, Truth, and Reconciliation,” The 1619 Project: Heights Libraries Interviews, July 30, 2021. Professor Ellis discusses his essay Polley v. Ratcliff: A New Way To Address an Original Sin? on a fascinating court case, recently resolved, involving kidnapping, slavery, and freedom which might serve as a roadmap for a type of Truth and Reconciliation style reparation.
“State of Play: Voter Suppression Bills in the Wake of the 2020 Election,” American Constitutional Society, April 30, 2021. Voting rights are under full assault across the country. In response to unprecedented turnout and post-election turmoil, state legislatures from Georgia to Utah to Iowa have moved quickly to enact laws restricting access to the ballot box, with Texas, Florida, and several other states following right behind. At the same time, the For the People Act and the John Lewis Voting Rights Act continue to make their way through Congress as progressives hope to bring sweeping election reforms to repair some of the damage being done at the state level. How would these federal pieces of legislation interact with the recent spate of suppressive state laws? Are we moving to an American society where one’s ability to vote is fully dependent on geography? Given the recent conservative shift of the federal courts, what is the best path forward in protecting voting rights? Panelists included Garrett Epps, Legal Affairs Editor, Washington Monthly, (Moderator), Atiba Ellis, Professor of Law, Marquette University Law School, Edgar Saldivar, Senior Staff Attorney, ACLU of Texas, Nick Warren, Staff Attorney, ACLU of Florida, and Poy Winichakul, Staff Attorney, Southern Poverty Law Center.
Pandem-ocracy: Voting Rights and Access During the COVID Crisis, American Constitution Society, May 5, 2020
In this panel, sponsored by the ACS University of Idaho College of Law Student Chapter, the ACS Madison Lawyer Chapter, and the ACS At-Large Chapter, our expert speakers engaged in a discussion on the implications of RNC v. DNC for the WI elections and what the case might indicate about SCOTUS’ role in the upcoming presidential elections. Featuring: Atiba Ellis, Professor of Law and ACS Faculty Advisor, Marquette University Law School; Jeff Mandell, Partner, Stafford Rosenbaum LLP; President, ACS Madison Lawyer Chapter; Franita Tolson, Vice Dean for Faculty and Academic Affairs and Professor of Law, USC Gould School of Law; Member, ACS National Board of Directors & Board of Academic Advisors. Moderator: Benjamin Cover, Associate Professor of Law, University of Idaho College of Law. (1:08:48)
The Political Economy of Inequality, Democracy, and Oligarchy, Law and Political Economy Project, Yale Law School, November 13, 2020.
This panel discussion will focus upon the erosion of democratic institutions and the rise of oligarchy that has followed in the wake of unprecedented economic inequality. The panel will address elite efforts to entrench themselves politically as well as economically, including the consequences of such efforts in terms of human development. The panel will focus upon the specific context of election 2020 and the uncertainty it is creating. The subversion of democracy and the law governing our democracy naturally holds many costs, and each panelist will address such costs. Each panelist will also seek to articulate some mechanism for a path forward. Panelists: Emma Coleman Jordan, Georgetown Law Center; andré douglas pond cummings, William H. Bowen School of Law; Atiba Ellis, Marquette University Law School; Steven Ramirez, Loyola University of Chicago School of Law; and Gerald Torres, Yale Law School
Fair Representation in an Increasingly Diverse America, Voting and Representation Symposium, NYU Law Review and Brennan Center for Justice, NYU School of Law, October 9, 2020.
This panel will look at how the United States is changing demographically and how we can ensure fair representation in light of those changes. SPEAKERS: -Atiba Ellis, Professor of Law, Marquette University Law School -Ming Hsu Chen, Associate Professor, University of Colorado Law School -Thomas A. Saenz, President and General Counsel, MALDEF -Moderator: Michael Li, Senior Counsel, Democracy Program, Brennan Center for Justice. (1:12:07)
Critical Race Theory, the 2020 Election and Structural Reform, Democracy Reform for the 21st Century, California Law Review Symposium, UC Berkeley School of Law, September 14, 2020.
The California Law Review’s 2020 Symposium brought together scholars, legal practitioners, public servants, community leaders, and political experts to identify and evaluate key initiatives to strengthen our democracy. In light of the COVID-19 pandemic, nationwide uprisings against racism and police killings, and the threat of interference in the upcoming election, ensuring the equity, integrity, and future of our democracy is now more important than ever. Drawing on diverse expertise, our participants discussed what is at stake, what is possible, and how we get there—by amendment, statute, regulatory device, polling, etc. Participants: Cheryl Harris, Professor, UCLA Law (Facilitator); Barbara Arnwine, President and Founder, Transformative Justice Coalition & President Emeritus, Lawyers’ Committee for Civil Rights Under Law; Guy-Uriel Charles, Professor, Duke Law; Atiba Ellis, Professor, Marquette University Law; Luis Fuentes-Rohwer, Professor, Indiana University Maurer School of Law. (1:18:48)
“The Voting Rights Paradox: Ideology and the Incompleteness of Democratic Practice,” Colorado Law School 2020 Rothgerber Conference, Women’s Enfranchisement: Beyond the Nineteenth Amendment, Justice Byron R. White Center for Constitutional Law, April 3, 2020. Panelists: Dara Strolovitch (Princeton); Bertrall Ross (Berkeley Law); Atiba Ellis (Marquette Law); Ming H. Chen (Colorado Law). (1:48:33)
“The Perils and Possibilities of Election Commissions,” American Constitution Society, National Press Club, Washington, D.C., January 18, 2018.
In the nearly two decades since the controversial 2000 presidential election, numerous commissions have been formed to examine and reform our voting processes. In 2017, the Trump Administration established a “Presidential Advisory Commission on Election Integrity,” which was recently dissolved amid controversy and litigation. This development presents an opportunity to better understand how commissions are supposed to function and how they shape election law and voters’ experiences. Panelists: Robert Bauer, Partner, Perkins Coie; Former White House Counsel; Co-Chair of the Presidential Commission on Election Administration; Atiba Ellis, Professor of Law at West Virginia University; Member, U.S. Commission on Civil Rights West Virginia State Advisory Committee; Jenni Katzman, Director of Policy and Programs, ACS; Benjamin Ginsberg, Partner, Jones Day; Former National Counsel to Bush-Cheney Campaigns; Co-Chair of the Presidential Commission on Election Administration; Natalie Tennant, Manager of State Advocacy on voting rights and elections at the Brennan Center for Justice at New York University School of Law, Former Secretary of State of West Virginia (1:22:47)
Using Memes to Break out of Voter Fraud Talk, TEDxOshkosh, Grand Opera House, Oshkosh, WI, November 4, 2017.
Voter fraud talk has dominated our last two elections, and policy makers and voters have divergent views of the problem. This talk will show us how the lens of memes can help us focus on the first principles of voting and the evidence around what makes voting effective.
On the Issues: Atiba Ellis and Molly McGrath, Marquette University Law School, Eckstein Hall, November 16, 2017.
Since the 2010 election, more than 20 states have enacted new voting laws. They range from photo ID requirements, to limits on early voting, to changes in voter registration rules. Supporters of the changes say the goal of the legislation is to guarantee the integrity of elections and prevent voter fraud. But opponents say the new laws make it harder to vote, and have a disproportionate impact on minority communities. Molly McGrath says she’s seen the impact first-hand. McGrath is a voting rights advocate, organizer, and attorney who has led voter access projects in several states, including Wisconsin. She is currently with the ACLU’s Voting Right Project. Professor Atiba Ellis is a faculty member at the West Virginia University College of Law and a visitor this semester at Marquette. Together, Ellis and McGrath will discuss how voting laws have changed in recent years, and what impact those changes might be having on our elections.
Voting rights battles continue, head to court, On the Record, WRAL-TV, Raleigh, N.C. Feb. 18, 2017.
Professor Atiba Ellis, Professor of Law, Francis De Luca of the Civitas Institute, and Mark Binker, WRAL Investigative Reporter, discuss why voting rights laws are so contentious and analyze past and present voting rights court battles. (23:28)
A Divided Nation, Feedback, U92/WWVU-FM, Morgantown, WV. Dec 1, 2016.
Atiba Ellis and fellow WVU professors Patrick Hickey (Political Science) and Jesse Wozniak (Sociology) explore the nature of the divisions and challenges that face American society, including race, politics, the 2016 presidential election, social media, and the impoverishment of discourse in society. (1:00:32)
Resolved: State Voter ID Laws Are Unconstitutional, National Constitution Center. Oct 5, 2016.
Hans von Spakovsky, Heritage Foundation, and Atiba Ellis, West Virginia University College of Law, debate voter ID laws in a event in Chicago moderated by Jeffrey Rosen, President and CEO, National Constitution Center. (1:34:45)
WVU Ask An Expert: Election Law 101, West Virginia University. Aug 25, 2016.
WVU law professor Atiba Ellis, whose research focuses on voting rights laws, explains why voting is getting more complicated in the US. (2:09)
What They Won’t Tell You About Diversity Week, WVU College of Law. Sept 30, 2015.
Professor Atiba Ellis joined his West Virginia University colleagues Kendra Fershee (Law), Jonathan Hall (Geography), and Cynthia Gorman (Geography) explore the meaning and future of diversity in higher education and American society at large. (2:19:20)
The Voting Rights Act at 50: Past Successes, Future Challenges, WVU College of Law. Sept 17, 2015.
Professor Atiba Ellis, West Virginia University College of Law, and Brad Smith, Capital University College of Law, discuss the Voting Rights Act during a Constitution Day Lecture. (1:24:56)
Eliminating Fraud or Infringing a Right? – Voter I.D. Laws, Duke University School of Law. Feb 7, 2012.
A Federalist Society debate on Voter Identification Laws between Mr. J. Christian Adams from the Election Law Center and Professor Atiba Ellis, from the West Virginia University College of Law. Mr. Adams is an election lawyer who served in the Voting Rights Section at the U.S. Department of Justice and a columnist for PJmedia.com. Professor Ellis focuses his research and writing on the law of democracy with a specific interest in voting rights law, and the intersection of democratic theory with race, class, and other critical legal perspectives. Co-sponsored by the Duke University Program in Public Law. (57:40)
Podcasts & Radio
Jonquilyn Hill, “How the Voting Rights Act ended at the Supreme Court,” The Weeds Podcast, Vox Media, January 24, 2023. Although we’re months out from any rulings, many voting rights advocates have their eyes on the Supreme Court, which is likely to rule on a few cases this term that could affect the strength of the Voting Rights Act. After the VRA passed, Black voter registration in the South rose immensely, and throughout the nearly six decades since it was enacted, the legislation has been both strengthened and weakened. According to Atiba R. Ellis, a Case Western Reserve School of Law professor, “In some ways, the way the Voting Rights Act has changed has been, in part, a conversation between Congress and the Supreme Court.” On this week’s episode of The Weeds — Vox’s podcast for politics and policy discussions — we hop in the Weeds Time Machine with Ellis and go back to the circumstances that gave us the VRA, and look forward to what the policy could become in the near future.
“Why some Republicans want to narrow who counts as Black,” Code Switch Podcast, NPR, December 7, 2022. Appearance begins at 22:31.
Hansi Lo Wang, “Who counts as Black in voting maps? Some GOP state officials want that narrowed,” Morning Edition, NPR, October 18, 2022. Appearance begins at 2:40.
The Voting Rights Act, All Sides with An Fisher, June 22, 2022
The congressional lines drawn in a number of states face lawsuits calling them racially discriminatory and illegal under the Voting Rights Act. The landmark piece of legislation isn’t as strong as it used to be, however, and in many cases, disputed maps are still in place for the 2022 midterms. Today we are taking a look at the history and future of the Voting Rights Act of 1965.
GUESTS: Yurij Rudensky, Senior Counsel, Brennan Center for Justice Democracy Program; Hasan Kwame Jeffries, associate professor of history, The Ohio State University; and Atiba Ellis, Professor, Marquette University Law School
Susan Davis and Carrie Johnson, “The Rise and Fall of the Voting Rights Act of 1965” NPR Politics Podcast, July 29, 2021.
The Voting Rights Act of 1965 was born from the civil rights movement of the ’50s and ’60s, but in recent years the Supreme Court has effectively nullified its key provisions. We explore why the law was first passed and what it means for voters of color now that its powers have been gutted.
Legal Eagle Review, WNCU, North Carolina Central University. Feb 26, 2017.
Professor Atiba Ellis sat down with hosts Irving Joyner and April Dawson, law professors at North Carolina Central University School of Law to discuss the past, present, and future of lowing rights in the U.S. The discussion emphasizes the parallels between the past of racial voter suppression and the present, the impact of the Shelby County v. Holder decision on the enforcement of voting rights, and the possible futures for voting rights in the Trump era.
You Down with VRA?!, B-Side Conversations. Aug 26, 2016.
Professor Atiba Ellis talks about the Voting Rights Act (VRA). Much of the context surrounding VRA is largely unknown to most people, but it is key for understanding the social tensions that have given rise to our increasingly vitriolic political environment. (1:31:12)
Policing Gone Black (Part 1), B-Side Conversations. Nov 1, 2015.
Professor Atiba Ellis gives his thoughts on police killings of young Black men and women over the past year, his own experiences with racism, and the beginnings of stop and frisk. (52:41)
Policing Gone Black (Part 2), B-Side Conversations. Nov 1, 2015.
Part two of Professor Atiba Ellis’s conversation with host Jonathan Hall on police killings of young Black men and women, racism, and stop and frisk. (59:04)
News Media
Morgan Trau, “How Issue 1 was defeated,” NBC News 5 Cleveland, August 9, 2023.
David Sivak, “Ohio Republican accuses Libertarians of ‘cancel culture’ after ‘frivolous’ ethics complaint,” Washington Examiner, August 4, 2023.
Associated Press, “2020 election disinformation targeted voters of color and 2024 will be worse, groups say,” NBC News, July 31, 2023.
Morgan Trau, “Election complaint alleges Ohio Sec. of State Frank LaRose ran illegal campaign,” NBC News 5 Cleveland, July 27, 2023.
Amanda Merrell, “Affirmative action ruling could boost enrollment at historically Black colleges and universities,” NBC News 5 Cleveland, July 27, 2023.
Morgan Trau, “Ohio Republicans promote mail-in, early voting after opposing it,” NBC News 5 Cleveland, July 24, 2023.
Morgan Trau, “Concerns raised over Sec. of State Frank LaRose’s ethics before contentious August election,” NBC News 5 Cleveland, July 17, 2023.
“‘It’s going to be extremely difficult to achieve diversity:’ Experts weigh in on affirmative action decision,” NBC News 5 Cleveland, June 29, 2023. News 5 Evening Anchor Courtney Gousman spent Thursday talking to experts and leaders, including Case Western Reserve University Law Professor Atiba Ellis, to see what kind of impact the ruling may have on us here in Ohio.
Morgan Trau, “Ohio Supreme Court says Issue 1 ballot language must be rewritten,” Ohio Capital Journal, June 12, 2023.
Morgan Trau, “Ohio Sec. of State Frank LaRose sends out fundraising request disguised as important letter,” Ohio Capital Journal, May 30, 2023.
Morgan Trau, “Shaker Heights man indicted for 2020 voter fraud; Ohio has since left system that caught him,” Ohio Capital Journal, April 27, 2023.
AFP USA, “Hillary Clinton conspiracy theory resurfaces after Trump indictment,” AFP Fact Check, April 14, 2023.
Nahiara S. Alonso, “Este video de Biden es antiquo; no está relacionado con la actual imputación de Trump,” AFP Factual (Estados Unidos), April 10, 2023.
Manon Jacob, “Trump indictment does not bar him from running in 2024,” AFP Factual, April 3, 2023.
Eamon Whalen, “Minority Rule is Coming for Progressive Prosecutors,” Mother Jones, November 4, 2022.
“When, where and how do I vote? Get the facts from reliable sources,” News Literary Project, September 28, 2022.
Matt Mencarini, “’A hammer in search of a nail’: Wisconsin AG candidate Eric Toney prosecutes eligible voters for address snafus,” PBS Wisconsin, July 11, 2022.
Alex Thomas, “MetroNews Decision 2022: ‘Absolutely, I stand by it’: Looking back on the 2020 election, fraud claims,” MetroNews West Virginia, May 8, 2022.
Larry Sandler, “GOP Appeal in Wisconsin Redistricting Case Could Have Ra-reaching Impact-If U.S. Supreme Court Takes it Up,” Marquette University Law School Lubar Center for Public Policy Research and Civic Education, March 21, 2022.
Ruth Conniff, “Republicans torpedo debate on voting rights in dangerous moment for democracy,” Wisconsin Examiner, October 21, 2021.
Susan Davis and Carrie Johnson, “The Rise and Fall of the Voting Rights Act of 1965” NPR Politics Podcast, July 29, 2021
Courtney Gerrish, “Expert Says Trump Campaign’s Lawsuit Will be ‘Uphill Battle’” Spectrum News Wisconsin, December 2, 2020
“Here and Now” Weekly News Magazine, “Presidential Recount and Marginalized Communities,” PBS Wisconsin, November 27, 2020.
“Elections 2022: Be informed, not misled,” News Literary Project, November 2020.
“‘Embarrassing for Texas’: Wisconsin AG slams Texas for suing over Wisconsin election,” CBS 58 News, December 8, 2020
Scott Hurley and Charlee Rubesky, “Green Bay mayor, clerk named as defendants in latest Trump lawsuit,” FOX 11 News (Green Bay, WI) December 3, 2020.
Brendan Cullerton, “Experts see Trump legal strategy to win White House as a longshot,” CBS 58 News, November 6, 2020.
Kay Burley, “How will Trump’s court challenges work?” SKY News, November 5, 2020
RTE News (Ireland) at 9 Interview, Litigation regarding the 2020 Election, November 5, 2020
BBC TV (London, England) Challenges around the 2020 Election, November 4, 2020
Gerald Owens, “Professor: Efforts to interfere with vote counting amount to ‘desperation’” WRAL-TV November 4, 2020.
Sarah Matusek, “Poll watching: Democratic safeguard or intimidation” Christian Science Monitor October 23, 2020
Caroline Reinwald, “On ‘Loving Day’ experts point out many things have not changed since Civil Rights movement,” WISN-TV, June 13, 2020.
Mary Spicuzza and Alison Dirr, “In suspicions raised about validity of Milwaukee’s vote, leaders see harmful racial undertones” Milwaukee Journal Sentinel November 18, 2020.
WVU Experts Say Mass Voter Fraud Not an Issue in Upcoming Election, WBOY News, Morgantown, WV. Nov 07, 2016.
Election Law 101, Ask An Expert, West Virginia University. Aug 25, 2016.
Clouded campaign finances: Public financing loopholes, ambiguities dim new WV program’s good intentions, WBOY News, Morgantown, WV. Mar 31, 2016.
Commission awards WVU professor with ‘Living the Dream’ award, The DA, Morgantown, WV. Mar 12, 2015.
Panel talks Ferguson, race, The DA, Morgantown, WV. Nov 19, 2014.
WVU reacts to recent DOMA rulings, The DA, Morgantown, WV. Jul 3, 2013.
‘Democracy in Motion’ Stops in Morgantown, WBOY News, Morgantown, WV. Feb 11, 2013.
Panel discusses case involving campaign laws, The DA, Morgantown, WV. Nov 4, 2010.
Atiba Ellis 