All posts by Ned Foley

“The Nomination and Election of Statewide Candidates”

November 20, 2023, 6:10 pmUncategorizedNed Foley

I’ve posted on SSRN a substantially revised version of this article, which will be published in the University of Illinois Law Review as part of a symposium issue. The revisions reflect the many extremely helpful comments I’ve received on… Continue reading

Manchin seeking to “mobilize the middle” rather than run for reelection

November 9, 2023, 12:11 pmUncategorizedNed Foley

Link to video announcement. Is he referring to possible No Label’s presidential ticket, accentuating the concern of a potential spoiler effect? Or is he referring to a broader effort to create some sort of centrist third-party movement, of the… Continue reading

Is it too late to avoid a spoiler effect in 2024?

November 9, 2023, 8:08 amUncategorizedNed Foley

The recent polling by Siena College, in partnership with the New York Times, has highlighted the risk that Robert Kennedy, Jr. will play the role of a spoiler next year–and that’s even without the addition of a potential… Continue reading

Trump’s Potential Disqualification: Primaries versus General Election

November 8, 2023, 4:55 pmUncategorizedNed Foley

Adding briefly to what Derek already has blogged about today’s decision by the Minnesota Supreme Court, I think the distinction that the court drew between primaries and the general election is important. Since writing on this topic in the … Continue reading

The Speakership Saga and the Need for Nonpartisan Primaries

October 25, 2023, 4:18 pmUncategorizedelectoral reform, primaries, ranked choice votingNed Foley

For those of us concerned about the capacity of Congress to function on behalf of the American people, we should be glad that the House of Representatives finally has a new Speaker three weeks (and a day) after Kevin McCarthy… Continue reading

The Uncertainty of “Contingent Election” Procedures

October 24, 2023, 7:14 pmUncategorizedNed Foley

Rick linked earlier today to a new analysis of the risk that a No Labels presidential ticket could cause no candidate to win a majority of electoral votes, triggering the Twelfth Amendment’s antiquated “contingent election” procedure (last used in 1824).… Continue reading

Requiring a majority win in either primary or general election

October 9, 2023, 6:59 amUncategorizedNed Foley

In light of the removal of McCarthy as Speaker, last week I invoked my previous advocacy of a majority winner requirement for congressional elections. This week I want to highlight my more recent advocacy of the need to avoid plurality… Continue reading

Requiring Majority Winners in November

October 6, 2023, 2:36 pmUncategorizedNed Foley

A couple of astute readers of my earlier blog post today asked me whether Georgia’s version of a runoff system would satisfy my proposed majority-winner requirement for congressional elections. The simple answer is no, for a reason that is explained… Continue reading

A Simple Cure for House Chaos

October 6, 2023, 7:23 amUncategorizedNed Foley

As I’ve watched this week’s removal of McCarthy from the Speakership and the ensuing sense that the House may be ungovernable because of the fragmentation within its Republican conference, I return to the idea that I first advocated shortly after … Continue reading

Lawfare podcast on procedural issues relating to 14th Amendment disqualification

September 8, 2023, 12:21 amUncategorizedNed Foley

Scott Anderson of Lawfare led a thorough and well-organized discussion of the various procedural hurdles and obstacles associated with litigation over section 3 of the Fourteenth Amendment, with Derek and me as participants. I think it would be particularly useful… Continue reading

“Raskin says Trump ‘absolutely’ disqualified from running for president after Jan. 6 insurrection”

August 27, 2023, 2:07 pmUncategorizeddisqualification, Section 3Ned Foley

The Hill’s report on Rep. Raskin’s appearance on CNN’s State of the Union. Raskin was indeed emphatic in his belief that Trump is barred from the presidency by virtue of section 3 of the Fourteenth Amendment, saying that “Donald… Continue reading

Section 3 Disqualification–and a No Labels Ticket

August 26, 2023, 12:11 pmUncategorizeddisqualification, Section 3, Third PartiesNed Foley

If the U.S. Supreme Court does not rule on the merits of Trump’s status under section 3 of the Fourteenth Amendment before the November 2024 general election, I think we need to start considering how the lingering disqualification issue might… Continue reading

Impeachment and Disqualification

August 26, 2023, 8:03 amUncategorizeddisqualification, Section 3Ned Foley

As part of a thoughtful discussion of Trump’s status under section 3 of the Fourteenth Amendment on this week’s episode of Slate’s Political Gabfest, the point was made that the impeachment process is the Constitution’s method for disqualifying a… Continue reading