“Judge partially strikes down Georgia ban on giving voters food and water in polling lines”

August 21, 2023, 7:48 amUncategorizedRick Hasen

Ned blogged about a different aspect of this decision last week. From CNN: A federal judge on Friday narrowed a section of Georgia election law that banned the practice of handing out food and water to voters waiting… Continue reading

“New district lines will scramble key New York House races”

August 21, 2023, 7:36 amredistrictingRick Hasen

Politico: Candidates are eager to run in competitive House seats in New York next year. There’s just one problem: They have no clear sense of where to campaign. The interminable legal fight over redistricting in New York will likely leave… Continue reading

“The Manhattan Democratic Party broke state law during its judicial nominating convention”

August 21, 2023, 7:30 amjudicial electionsRick Hasen

NYDN editorial.

Thanks to Ned Foley

August 21, 2023, 7:28 amUncategorizedRick Hasen

for blogging last week and a few other weeks over the summer, and especially for his comprehensive coverage of the 14th Amendment, section 3 issue with Trump. I’m now back on pretty much full time as primary ELB blogger through… Continue reading

Noah Feldman on section 3 & Trump

August 21, 2023, 3:29 amUncategorizeddisqualification, Section 3Ned Foley

Bloomberg Opinion (via Washington Post): “There are two problems with the notion that Trump can and should be kept off the ballot by state election authorities. “First, although Baude and Paulsen’s originalism is honest and conscientious, originalists outside of… Continue reading

Luttig & Tribe on CNN discussing section 3

August 20, 2023, 10:47 amUncategorizeddisqualification, Section 3Ned Foley

This video clip includes, starting 3 minutes into it, Judge Luttig’s discussion of how the issue of Trump’s status under section 3 of the Fourteenth Amendment can–and should–be resolved by the U.S. Supreme Court before the 2024 election. At the… Continue reading

“Could Trump be barred under the constitution’s ‘engaged in insurrection’ clause?”

August 20, 2023, 9:52 amUncategorizeddisqualification, January 6, Section 3Ned Foley

Sam Levine for The Guardian: “Disqualification under the 14th amendment does not require a criminal conviction, Noah Bookbinder, the executive director of the watchdog group Citizens for Responsibility and Ethics in Washington (Crew), said in an interview earlier this… Continue reading

David French on Section 3

August 20, 2023, 8:54 amUncategorizeddisqualification, January 6, Section 3Ned Foley

His N.Y. Times opinion column: “[The Baude-Paulsen article presents] a fascinating and compelling argument that only grows more compelling with each painstakingly researched page. But as I was reading it, a single, depressing thought came to my mind. Baude… Continue reading

“‘I could sell golf’: How DeSantis and aides courted lobbyists for campaign cash”

August 20, 2023, 8:48 amcampaign finance, conflict of interest laws, lobbyingRick Hasen

WaPo: When Florida Gov. Ron DeSantis took office in 2019, his political team made a list of the state’s top 40 lobbyists and about 100 of their “Suggested Clients to target” for political contributions, according to a fundraising document reviewed… Continue reading

“Searcy County Arkansas switches to hand-marked paper ballots”

August 20, 2023, 8:44 amUncategorizedRick Hasen

Andrew Appel: Almost all Arkansas counties have been using ballot-marking devices (BMDs) in their elections. Searcy County has just chosen to switch to hand-marked (fill-in-the-oval) paper ballots, which will be counted by machine (for an unofficial, immediate count) and then… Continue reading

“Very likely” No Labels ticket, says Larry Hogan, if Biden and Trump are Two Major-Party Nominees

August 20, 2023, 7:10 amUncategorizedpolitical parties, Third PartiesNed Foley

Also on CNN’s State of the Union this morning: Maryland’s former governor Larry Hogan predicting it “very likely” that No Labels will get on the ballot and “will offer an alternative” if Trump and Biden are the nominees of their… Continue reading

Asa Hutchinson Invokes Section 3 of the 14th Amendment

August 20, 2023, 6:33 amUncategorizeddisqualification, January 6, Section 3Ned Foley

On CNN’s State of the Union, presidential candidate (and former governor of Arkansas) Asa Hutchinson invoked the argument that Trump may be constitutionally disqualified from being president again. He anticipates that the issue will be raised in various states and… Continue reading

Can Senate Leadership Find a Path to Avoid the Potential for a Constitutional Armageddon?

August 19, 2023, 3:15 pmUncategorizedNed Foley

The new essay in The Atlantic by Judge Luttig and Larry Tribe significantly raises the risk, in my judgment, that Democrats in Congress will attempt to prevent Trump from being inaugurated on January 20, 2025 if he wins the election… Continue reading

When and how the issue of Trump’s disqualification gets to the U.S. Supreme Court

August 19, 2023, 11:38 amUncategorizeddisqualification, January 6, Section 3Ned Foley

On the Smerconish broadcast, the issue arose of how and when a case involving Trump’s status under section 3 of the Fourteenth Amendment would get to the U.S. Supreme Court. I made the point that a case is likely… Continue reading