July 29, 2025

Every Tuesday, Marc will be answering your questions in a weekly written Q&A — giving you insight into what the news really means. Upgrade now for $10/week to get Marc’s full analysis, straight from your questions.

I started Democracy Docket in 2020 with the simple idea of building a pro-democracy media outlet that would help keep you informed about what is happening to democracy in the courts. Since then, Democracy Docket has grown from that simple idea into a 20-person company with a website, podcast, newsletters and video and social media channels. Yet, our basic commitment has never changed.

Last year, Democracy Docket launched its premium membership program. One of our first offerings was a periodic Q&A with members. I enjoyed these Q&As because it gave me a forum to engage with members directly. But as Democracy Docket grew, it got lost in the other offerings and rapid expansion. Recently, I sat down with the team and we decided to bring them back as a staple of the premium membership.

If you have a question for me, make sure to upgrade for the next edition!

Now let’s get into it.

Q: Lifelong Texan. Can Texans initiate a class action lawsuit to stop or slow down this effort? Seems unconstitutional for TX GOP to allow comments from voters without having a map drawn and this attempt is detrimental to our rights as voters. 

— Cindy

A: Unfortunately, the Supreme Court has said that states may engage in midcycle redistricting. What makes this so much worse is that Texas already gerrymandered its maps in 2021, so this is a re-gerrymander.

I share your suspicion that Republicans will ever run a transparent process surrounding these maps. We know what they will do because Donald Trump told us. I expect they will delay maps or release them right before votes to avoid public attention. 

While Democrats in Texas are strategizing to slow the redistricting effort, I am certain that if new maps are enacted they will promptly be challenged in court. 

Q: What is the status of litigation challenging the legality of: a) ICE agents b) failing to display badges, c) masking their faces, and d) making arrests without showing warrants?

— H. Pike

A: There is absolutely no reason for ICE agents to be masked and in plain clothes. In democracies, you don’t arrest people without warrants. And responsible law enforcement agencies want to display badges to ensure the public knows who they are. 

There are multiple challenges to these actions happening across the country, including a lawsuit by the ACLU of Southern California against the Department of Homeland Security. Complaints have been filed, and it’s still ongoing.  

Q: For elected officials we’re not happy with, we can elect them out of office. What can we, the people, do about dissatisfaction with judges? Do we have absolutely no say over the SCOTUS, for example?

— Michael

A: In many states, you DO in fact have a say over your judges. Seven states hold partisan elections for state Supreme Court justices, while 14 hold nonpartisan elections. 

Recently, in North Carolina, we just saw how important those elections are. After Democratic Justice Allison Riggs won a seat on the state Supreme Court, her opponent, Republican Court of Appeals Judge Jefferson Griffin, refused to concede. The GOP then sought to disenfranchise tens of thousands of voters and steal the election. 

Thankfully, their efforts failed, and Allison Riggs now sits on the state Supreme Court. For voting rights, health care, gun safety and much, much more, these elections are critically important. 

You’re right, though. The federal courts, like the U.S. Supreme Court, are different, and lifetime appointments make the selection of judges and justices vitally significant to our nation’s laws, culture and well-being. 

However, you do have a say. Since presidents nominate Supreme Court justices and other federal judges, every time you vote in a presidential election, you’re helping shape our nation’s judiciary. Since the Senate confirms those nominations, every time you vote for a senator, you’re aiding in those confirmations. 

I know it’s easy to feel helpless when you look at the lineup of our current Supreme Court, but don’t doubt the importance of your voice in this process. There are liberal judges around the country who were appointed by Presidents Clinton, Obama and Biden. Thanks to your vote, they are standing up for democracy.

Q: Given the rulings of the Supreme Court, haven't we already lost our democracy? What motivates you to keep trying to turn things around?

— Gillian

A: The Supreme Court’s recent decision to delay the Louisiana redistricting case should concern all of us. While we don’t know how the case will be re-argued, it certainly doesn’t bode well for the future of the Voting Rights Act — and by extension, the future of our democracy. 

However, we haven’t lost the fight yet. In fact, the fight for democracy is never over. 

I created Democracy Docket to put the spotlight on voting rights and attacks on free and fair elections. Five years later, we have over 20 employees and we’re growing faster than ever. That keeps me motivated. All of you keep me motivated. Your love for our country, your dedication to our democracy’s future and your courage to keep fighting. 

Trust me, I know some days feel more helpless than others. I know it’s hard to believe good will triumph in the end. But we’ve already had victories — from Allison Riggs in North Carolina to a win against voter suppression in Kansas. All of these are important, and I know we will win the big victory for democracy in the end.

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