New Common Ground Democracy column with this subtitle: “Ohio’s U.S. Senate race this year, as in 2022, illustrates how the current electoral system causes the defeat of the candidate whom a majority of voters prefer to each other candidate in… Continue reading

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

A new Common Ground Democracy essay with this subtitle: “A local group is pursuing a proposal that deserves nationwide recognition as well as success at home.” ELB readers should be especially interested in following the development of this important effort.… Continue reading

I was honored to be part of this deep dive into the details of the Court’s decisions and its implications going forward. Other participants were Quinta Jurecic and Roger Parloff of Lawfare and Gerald Magliocca, who has done such important… Continue reading

New Common Ground Democracy column, with this subtitle: “The consequences of the nation’s two-party system is vividly on display with the elimination of Kyrsten Sinema and Nikki Haley from their respective races.” Since writing the column last night, I… Continue reading

I highly recommend listening to Chuck Todd’s podcast with Nick Troiano. They discuss Nick’s important new book “The Primary Solution,” and among other valuable points Nick makes is that the current system of partisan primaries is actually hurting political… Continue reading

A new Common Ground Democracy column on a superb paper by Nate Atkinson and Scott Ganz. Here’s the subtitle of the column: “If you read one thing about the structural problem afflicting American elections, including an explanation of the institutional… Continue reading

Happy President’s Day. Here’s a new Common Ground Democracy column explaining why and how to apply the top-3 electoral system that Eric Maskin and I describe in our Project Syndicate column to presidential elections. The key, as explained at the… Continue reading

Rick linked yesterday to a Slate column arguing that an originalist perspective on the pending Colorado case would need to conclude that states don’t have the authority to remove candidates from the ballot in a presidential election because there were… Continue reading

The second edition of Ballot Battles has gone to press (it’s scheduled for release on May 10), and so I won’t be able to include any discussion of the newly disclosed documents. (Maybe there will be a third edition… Continue reading

Common Ground Democracy essay that develops further the proposal discussed in the Project Syndicate column with Eric Maskin. This essay includes more examples of congressional elections for which the proposal would make a significant difference and also connects the… Continue reading

For The Atlantic: “The justices seem ready to leave the issue of Donald Trump’s eligibility up to Congress. Here’s why they shouldn’t.” After acknowledging why the justices would be inclined to rely on Trump’s congressional exclusivity argument, the piece… Continue reading

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