All posts by Derek Muller

“Ruing Senate Loss, Georgia G.O.P. Asks if Runoff Rule Changes Backfired”

December 8, 2022, 2:39 pmelection administrationDerek Muller

Reid Epstein in the New York Times, with this potential statutory tidbit: Mr. Raffensperger said he would present three proposals to lawmakers. They include forcing large counties to open more early-voting locations to reduce hours-long lines like the ones… Continue reading

“Trump ally Sidney Powell asks court to overturn sanctions over election lawsuit”

December 8, 2022, 2:38 pmfraudulent fraud squadDerek Muller

Reuters: Sidney Powell and other conservative lawyers who sued to overturn President Joe Biden’s 2020 victory in Michigan asked a U.S. appeals court on Thursday to overturn an order sanctioning them for pressing “frivolous” election claims. During oral arguments… Continue reading

Kate Shaw on oral argument in Moore v. Harper

December 8, 2022, 10:30 amElections Clause, Supreme CourtDerek Muller

Over at Just Security, Kate Shaw has a piece entitled, “Oral Argument in Moore v. Harper and the Perils of Finding ‘Compromise’ on the Independent State Legislature Theory.” From it: [A] majority may be willing to sign onto some version of… Continue reading

The Fifteenth Amendment and the Independent State Legislature Theory

December 8, 2022, 10:29 amElections ClauseDerek Muller

The following is a guest post from Travis Crum: The Supreme Court recently heard oral argument in Moore v. Harper, which concerns the definition of “legislature” in Article I’s Elections Clause and the so-called independent state legislature theory (ISLT).… Continue reading

“In Rejecting Voter ID Measure, Arizonans Bucked History and Surprised Advocates”

December 8, 2022, 10:29 amvoter id, voter initiativesDerek Muller

BoltsMag

Foley, Muller discuss Moore v. Harper oral argument at Lawfare

December 8, 2022, 5:57 amElections Clause, Supreme CourtDerek Muller

The podcast is here.

“How conservatives played the long game on election law”

December 8, 2022, 5:51 amSupreme CourtDerek Muller

Joan Biskupic at CNN.

“An election probe heightens the tension between Texas leaders and the Houston area”

December 8, 2022, 5:49 amelection administrationDerek Muller

NPR: Tension between GOP state leaders in Texas and election officials in the Democratic-leaning Houston area is at an all-time high after the 2022 election. Republicans are accusing Harris County officials of “election improprieties” that resulted in delayed polling… Continue reading

Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard

December 7, 2022, 5:11 pmElections Clause, Supreme CourtDerek Muller

During oral argument in Moore v. Harper today, one could be forgiven to forget that Chief Justice William Rehnquist passed away nearly two decades ago and is not currently sitting on the court. He was invoked more than a dozen… Continue reading

Moore v. Harper oral argument recap roundup

December 7, 2022, 3:02 pmElections Clause, Supreme CourtDerek Muller

The oral argument transcript is here, and the audio file is here. AP Bloomberg CNN LAT NBC News NYT Reuters SCOTUSblog USA Today WaPo WSJ

“Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial”

December 7, 2022, 3:02 pmlegislation and legislaturesDerek Muller

Under-discussed story from Alaska Public Radio: In November 1955, the 55 delegates of Alaska’s constitutional convention gathered in Fairbanks, intent on drafting the fundamental document for a new state. But before they began, each member stood and swore an… Continue reading

Argument previews for Moore v. Harper

December 7, 2022, 5:58 amElections Clause, Supreme CourtDerek Muller

Jess Bravin in the Wall Street Journal. Adam Liptak in the New York Times. Nina Totenberg at NPR. Robert Barnes in the Washington Post. (Which includes this graf: “‘Fringe’ is a word ubiquitous in the filings.… Continue reading

“How Colorado executes its signature-match requirement for ballots disenfranchises many voters, a lawsuit claims”

December 7, 2022, 5:56 amabsentee ballotsDerek Muller

From Colorado Public Radio: Lawful votes are unconstitutionally discarded in Colorado, often because a voter’s signature doesn’t match what’s on file, according to a lawsuit filed in Denver District Court late last week. The signature match requirement is meant… Continue reading

“Fourth Circuit urged to strike down North Carolina election libel law”

December 6, 2022, 2:46 pmcampaignsDerek Muller

Courthouse News Service: A Fourth Circuit panel heard arguments Tuesday over whether the campaign committee for North Carolina’s Democratic attorney general should face criminal charges under a state law banning the spread of false information to damage a candidate’s… Continue reading