From Marc Elias <[email protected]>
Subject Pressing pause to prepare for the Supreme Court
Date December 4, 2025 5:38 PM
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I never thought I would write about democracy as frequently as I do. I hate to admit it, but I first became addicted to Twitter because, at a time when long-form blogging was popular, it was described as a microblog. While I had always been a strong legal writer, I struggled to craft compelling prose for a more general audience.

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December 4, 2025

I never thought I would write about democracy as frequently as I do.

I hate to admit it, but I first became addicted to Twitter because, at a time when long-form blogging was popular, it was described as a microblog. While I had always been a strong legal writer, I struggled to craft compelling prose for a more general audience.

When I started Democracy Docket in 2020, my plan was to feature a stable of guest writers. I assumed I would mostly write filler pieces and that the site’s success would come from others’ op-eds. To my surprise, almost from the start, my own writing became a central feature of the site.

For the first few years, writing was difficult for me. A single essay might take a full day to compose. Topics came easily, but I struggled to find a written voice that felt authentically mine.

By the time we introduced a paid premium content tier in March 2024, I was writing regularly and with greater ease. Still, I wanted to be modest about what I could commit to producing each week. I was a practicing lawyer managing a growing law firm, and we were in an election year.

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So, when we launched Democracy Docket’s membership program, we promised that I would write six times a month — once a week plus two monthly columns. As the number of paying members grew, I continued to expand the number of pieces I produced each week: first two, then three and eventually four, all while continuing my law practice.

At this point, I write at least four times a week — often more. I also produce three long-form YouTube videos each week. Not only has my firm continued to thrive, but Democracy Docket has grown to more than 20 full-time employees.

It is rare that I miss a day when I am scheduled to produce content. Even while working around the clock preparing for the 2024 election, I continued to do my part at Democracy Docket. I write on vacation and even when I am sick.

That is why it is so difficult to write this to you — but I need to take a week off from writing.

On Dec. 9, I will argue my fifth case before the U.S. Supreme Court. This one involves a core provision of federal campaign finance law that is being challenged by the national Republican Party.

Normally, it is the job of the solicitor general to defend federal law in the Supreme Court. But after Trump took office, the Department of Justice — including the solicitor general — switched sides and is now attacking the very law it defended under both Democratic and Republican presidents for 50 years.

To fill this void, the national Democratic Party stepped in to defend the law. As an experienced campaign finance lawyer and Supreme Court litigator, I have the honor of representing the Party in this case.

Preparing for a Supreme Court argument is long and arduous. And I’m sorry to say that I won’t have the mental bandwidth or time to write for Democracy Docket until the argument is over.

Democracy Docket will continue to publish its daily newsletters and break news on its website as normal. Only my premium newsletters will take a brief pause.

This will put a strain on the organization. It will be more work for others.

Financially, the result will be fewer opportunities to ask readers to upgrade to paying memberships. Coming during the holiday season, this will result in a measurable loss of revenue.

But I have no choice. My work as a lawyer is essential to who I am. Representing my clients in court is critical for democracy — and I must do so with laser focus and undivided attention.

Thank you for your support and understanding. See you on Dec. 10!

Our democracy is on the line and a premium membership is one way you can help defend it. After all, you can’t fight for our future if you don’t know what’s happening. Become a member today ([link removed] ) .

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