Eric Maskin and I have co-authored a Project Syndicate column that describes a “top three” variation of California’s “top two” electoral system. It would enable effective electoral competition by a new third party in between MAGA Republicans on the right… Continue reading

On Monday, the University of Arizona law school held a conversation on the pending U.S. Supreme Court case from Colorado involving the question whether Trump is disqualified by section 3 of the Fourteenth Amendment. Andy Coan, the director of the… Continue reading

Chuck Todd of NBC starts his new column: “Yes, democracy is messy. … But there’s messy — and then there’s the current state of American politics.” He astutely attributes the problem to the new information–and disinformation–ecosystem that has arisen… Continue reading

Since writing the new Common Ground Democracy column “Collapse of Border Bill Proves Need for Electoral Reform,” I now see Paul Kane’s column this morning providing further evidence that partisan primaries are preventing congressional Republicans from governing in the national… Continue reading

New Common Ground Democracy column with this subtitle: “The debacle is confirmation that the primary (meaning “main”) problem is the primary (meaning “partisan preliminary election”) problem.”

Rick has linked to the opinion. I note briefly here that the unanimous per curium is a strong vindication specifically of fundamental election law principles. First, the opinions assumes for sake of argument that all of Trump’s conduct alleged… Continue reading

Previously, I posted on SSRN an analysis of why Clement Vallandigham is relevant to the question whether Congress must enact a statute to enforce section 3 of the Fourteenth Amendment in order to permit a state court to adjudicate if… Continue reading

In the most recent episode of his podcast in which Rick H was his guest (and which I highly recommend for its discussion of Rick’s new book as well as the pending Colorado case), Chuck Todd asked Rick what would… Continue reading

A dozen former Republican members of Congress have submitted an amicus brief in support of respondents, urging the U.S. Supreme Court in Trump v. Anderson to affirm the disqualification of Trump. Although the brief submitted on behalf of Ben Ginsberg,… Continue reading

As we watch this year’s presidential election develop, which is heading to the Biden-Trump rematch that most Americans don’t want, we should be thinking imaginatively of better ways to elect a president–ones that would let voters elect the candidate a… Continue reading

The Hill reports. It seems pretty definite that No Labels will enter the race, assuming they can find a candidate they consider suitable. The report quotes their national director as saying “if America wants another choice, we’re gonna offer it… Continue reading

The Colorado case at the U.S. Supreme Court on whether section 3 of the Fourteenth Amendment disqualifies Donald Trump from returning to the presidency hinges most especially on this question: whether, as Trump’s brief puts it (at 40), Congress possesses… Continue reading

New Common Ground Democracy column. It begins: Nothing could be more obvious watching Nikki Haley run against Donald Trump in the week between the Iowa caucuses and the New Hampshire primary: she’s a third-party candidate stuck in a two-party… Continue reading

I’ve posted on SSRN this paper relevant to one of the key issues in the pending SCOTUS case from Colorado on whether or not section 3 of the Fourteenth Amendment bars Trump from returning to the presidency. Here’s the abstract:… Continue reading