The drumbeat for several months has been, “Whatever happens with these state-level challenges to Trump’s candidacy, the Supreme Court will have the final word.” That’s possible, and even likely, but not guaranteed. And if (an if, not a when) the… Continue reading
Just about one year ago, in November 2022, I wrote the following:
If I had a crystal ball into the future of litigation surrounding Donald Trump’s candidacy for the Republican presidential nomination, I would project something like this: In… Continue reading
Back in 2015, I suggested that courts should proceed with “caution” when exercising review over qualifications disputes involving presidential candidates. Other entities are involved in the process, and the state legislature may not have empowered a court or… Continue reading
The decision in Frank v. Wyoming Secretary of State is here. The 10th Circuit sent the case back to the district court to factor in the 45-day temporal constraint in addition to the geographic constraint.
It is a challenge to find all of the various presidential eligibility challenges over the years. My scholarship cites some, but it’s hardly exhaustive. In 2016, I had an effort to keep a running list. And as I emphasized… Continue reading
The story at the Nevada Independent is here. Nevada, like some states, has a form that requires presidential candidates to attest under penalty of perjury they are eligible to serve as president. The form specifically asks candidates to attest… Continue reading
The Colorado trial court hearing the challenge to Trump’s qualifications scheduled a five-day hearing to begin October 30 to adjudicate the claim. Does such a hearing pass scrutiny under the Anderson-Burdick balancing test?
I’ve been surprised at how little I’ve… Continue reading
It’s hard not to read the brief in Colorado and wonder how in the world these claims are going to proceed in a state trial court.
Here’s one statement that’s contrary to a hundred years of state practice, and offered… Continue reading
After witnessing a non-presidential election cycle with $154 million earmarked for election litigation to the major political parties, I expected to see continuing climbing figures. Not so fast. The 6-month figures are in, and a mere (?) $22.6 million was … Continue reading
Rick H. linked to the complaint filed in Minnesota challenging Donald Trump’s eligibility. Setting aside the ripeness issues present in this challenge (like so many already filed), I wanted to dig into some of the history in Minnesota. There’s a… Continue reading
If my blogging on this topic has a sense of déjà vu, my apologies. But we are in an intractable cycle of litigation on Section 3 that has a low likelihood of going anyplace. I think some cases will get… Continue reading
Ned and Rick H. have done an impressive job collecting some of the commentary over the last couple of weeks of challenges being filed, or anticipated to be filed, about Donald Trump and his eligibility under Section 3 of the… Continue reading