Sharon Brett: Lessons Learned Litigating Election Law | S2 E8

Join the Law & Democracy podcast for an in-depth look at the realities of litigating election law cases. Our guest, Sharon Brett (University of Kansas School of Law), brings years of experience from her time as Legal Director of the ACLU of Kansas to discuss the complex intersection of law, politics, and the rights of voters. In a wide-ranging conversation with hosts Tony Gaughan, Terri Enns, and Matt Cooper, Sharon breaks down the strategic decisions involved in high-profile civil rights litigation. She provides a detailed “from the trenches” account of the 2022 Kansas redistricting case, exploring the partisan and racial dynamics of the “Ad Astra 2” map and the subsequent 5-4 ruling by the Kansas Supreme Court. Key topics include: The strategic move toward state constitutional law in the wake of federal restrictions on partisan gerrymandering claims. The factual landscape of the Wyandotte County split and its impact on Black and Latino voting power. A critique of “lockstepping”—the tendency of state courts to mirror federal interpretations rather than exploring independent state constitutional grounds. Lessons learned from first-chairing complex trials and arguing major appeals on the frontlines of democracy. If you enjoy this episode, please give us a boost by liking it, subscribing, and sharing it with your friends. Have questions, thoughts, or comments on the episode? Drop a comment below or email us at [email protected]. Recorded on Wednesday, February 26, 2026.