“Trump campaign says it will deploy thousands of election workers to monitor poll sites”

April 19, 2024, 6:29 amUncategorizedNed Foley

POLITICO: Former President Donald Trump’s political operation said Thursday that it plans to deploy more than 100,000 attorneys and volunteers across battleground states to monitor — and potentially challenge — vote counting in November. The initiative — which the… Continue reading

More tentative thoughts on the NJ case

April 18, 2024, 8:59 amUncategorizedNed Foley

Nick, following up on my initial post on this important new case, adds his own helpful analysis. My views continue to be very preliminary and tentative (unlike Nick, I had no prior involvement in this case until reading the… Continue reading

“Federal appeals court upholds order barring county-line ballots” [updated]

April 17, 2024, 3:23 pmUncategorizedNed Foley

New Jersey Monitor reports. Also the New Jersey Globe. And NorthJersey.com (If I have any comments on the opinion that I think worth blogging, I will update this post accordingly.) UPDATE: Having read the opinion, I think the cases raises… Continue reading

Donald Trump and Mike Johnson Set for Announcement Today Supporting Some Bill To Prevent Non-Citizens From Voting, a Non-Problem in the U.S. Will It Be Pence-Kobach II, Allowing States to Require Documentary Proof of Citizenship Before Registering to Vote?

April 12, 2024, 7:53 amUncategorizedRick Hasen

USA Today reported yesterday that Speaker of the House Mike Johnson is making a pilgrimage to Mar-a-Lago to join former President Trump to promoted a bill “aimed at preventing non-citizens from voting.” Details of the proposal so far are elusive.… Continue reading

Travis Crum: “Originalism, Lived Experience, and the Twenty-Sixth Amendment”

April 10, 2024, 7:41 amvotingRick Hasen

The following is a guest post from Travis Crum: Next week, the Supreme Court will consider whether to grant cert in Cascino v. Nelson. The question presented in Cascino is whether Texas’s law allowing any voter who is… Continue reading

Judge Recommends John Eastman Be Disbarred, and Pay a Sanction of $10,000, for His Conduct Seeking to Subvert the 2020 U.S. Presidential Election

March 27, 2024, 4:29 pmelection law biz, election subversion riskRick Hasen

From the 128-page opinion: As an initial matter, the court rejects Eastman’s contention that this disciplinary proceeding and Eastman’s resultant discipline is motivated by his political views or his representation of President Trump or President Trump’s Campaign. Rather, Eastman’s… Continue reading

Third Circuit, on 2-1 Vote, Rejects Argument that It Violates the Materiality Provision of the Civil Rights Act to Not Count Timely But Undated Absentee Ballots in Pennsylvania

March 27, 2024, 3:49 pmelection administrationRick Hasen

You can find the majority opinion and the dissent at this link. The majority holds that the provision applies only to the question of who is eligible to vote, not whether an eligible voters’ votes are counted. The court… Continue reading

A Surreal Right to Vote: Responding to the Balkinization Symposium

March 18, 2024, 8:19 amReal Right to VoteRick Hasen

[Cross-posted from Balkinization] A Surreal Right to Vote: Responding to the Balkinization Symposium For the Balkinization symposium on Richard L. Hasen, A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (Princeton University Press, 2024)… Continue reading

SCOTUS Justices disagree on the meaning of the word “and,” on application of the rule of lenity, and on the rule on superfluities. And Justice Kagan cites “The Very Hungry Caterpillar.”

March 15, 2024, 7:46 amstatutory interpretationRick Hasen

Opinion.

Can Congress Disqualify Trump After the Supreme Court’s Section 3 Ruling?

March 14, 2024, 10:57 amUncategorizedNed Foley

A Lawfare essay analyzing how best to read Trump v. Anderson for understanding its potential implications down the road. The piece delves deep into the details of both the per curiam and the separate opinion by the three liberals on… Continue reading

“BREAKING: Fulton judge kills six counts in Trump indictment” (Link to Order)

March 13, 2024, 7:39 amUncategorizedRick Hasen

AJC: Fulton Superior Court Judge Scott McAfee on Wednesday struck down six counts of the August indictment that alleged felony conduct by former President Donald Trump and 18 others, saying they lacked sufficient detail. In a nine-page ruling, McAfee dismissed… Continue reading

“The Potential for Chaos in the Wake of the Supreme Court’s Colorado Ballot Decision”

March 13, 2024, 7:32 amUncategorizedRick Hasen

Gerard Magliocca in Washington Monthly: One goal of both parties to the Section 3 lawsuit was to obtain a decision on Trump’s eligibility before the election. As Justice Louis Brandeis once wrote, it is usually more important that the “law … Continue reading

Dan Tokaji in Balkinization Symposium on “A Real Right to Vote”: “Dare to Dream”

March 13, 2024, 7:27 amReal Right to VoteRick Hasen

Here’s Dan Tokaji’s contribution to the symposium on my book, A Real Right to Vote: Toward the end of his new book A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy, Rick Hasen addresses the concern that… Continue reading

Derek Muller for Balkinization Symposium on “A Real Right to Vote:” “Some skepticism about (and some promise for) a constitutional right to vote”

March 12, 2024, 6:52 amReal Right to VoteRick Hasen

Derek Muller’s contribution to the symposium on my book, A Real Right to Vote: But I have some doubts about whether the solution, which seems to invite much more involvement of the federal courts, fits the problem. Indeed, Chapter One… Continue reading