I went back to look at some of the commentary around the Supreme Court’s decision in Rucho v. Common Cause in 2019. The decision shut the door on federal constitutional challenges to partisan gerrymanders. Much of the commentary around the… Continue reading
Zoe Tillman has the judge’s opinion here. The judge finds that the Secretary holds no authority to exclude a candidate under state law. He goes on to find that Congress holds the power to remove the disability, which he… Continue reading
The Minnesota Supreme Court’s order is here. (Disclosure: I filed an amicus brief in support of neither party in the case.) Two justices recused (without explanation, but presumably due to conflicts from legal representation in their election campaigns). From… Continue reading
The Commission on Presidential Debates essentially took over responsibility for coordinating the major general election presidential debates in every cycle since 1988. There are a few points of intrigue at the moment ahead of the 2024 election.
First, the… Continue reading
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