In this episode, Joshua A. Douglas, Ashland, Inc-Spears Distinguished Research Professor of Law at the University of Kentucky College of Law, discusses his essay "Undue Deference to States in 2020 Election Litigation." Douglas begins by outlining the election litigation happening this year, and reflects on the likelihood of further litigation. He explains how federal courts evaluate the constitutionality of state action affecting the right to vote, in relation to other fundamental rights. He argues that the standard is too deferential, and that courts should put a higher burden on states to justify their actions. And he outlines different ways of achieving that goal. Douglas is on Twitter at @JoshuaADouglas.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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