“Federal Court Review of State Court Interpretations of State Laws that Regulate Federal Elections: Debunking the ‘Independent State Legislature’ Notion Once and for all, and Keeping Federal Judges to Their Important but Limited Lanes”

Vik Amar has posted this draft on SSRN. Here is the abstract: In the weeks leading up to and following Election Day 2020, Republican litigants, taking cues from a minority group of Justices, asked federal courts to undo state election … Continue reading

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“GOP senators’ strategy on Trump’s election fraud claims: Keep quiet and carry on”

CNN: A wide range of Republican senators are shrugging off President Donald Trump’s evidence-free claims that mass voter fraud cost him the election, ignoring their party leader’s relentless attacks against a foundation of American democracy amid their growing expectation that the matter … Continue reading

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“The Paranoid Style of American Politics—Presidential Election Edition; Trying to counter viral election fraud claims is like playing whack-a-mole.”

Jonathan Adler at Volokh: It is nearly a month since election day and yet discredited and debunked claims of election fraud or “irregularities” continue to go viral on social media platforms. Even some otherwise reputable commentators seem to get sucked … Continue reading

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Wisconsin: “Biden gains 87 votes in Trump’s $3 million Wisconsin recount as Dane County wraps up review. President plans lawsuit.”

Milwaukee Journal-Sentinel: Wisconsin’s partial recount boosted Democrat Joe Biden’s victory by 87 votes Sunday as President Donald Trump said he was preparing a lawsuit to overturn the results.The completion of Dane County’s retallying of the vote came two days after Milwaukee County finished its … Continue reading

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Pennsylvania Supreme Court, Citing Laches, (Unreasonable Delay) Ends Latest Challenge to Certification of Election Results

This just in: Laches FTW! https://t.co/p7OW62ZXX7— Rick Hasen (@rickhasen) November 28, 2020 Update. All Seven Justices agreed that an injunction which would disenfranchise voters would be in appropriate in this case. Per curiam order: http://pacourts.us/assets/files/setting-7862/file-10781.pdf?cb=1f7217… Saylor concurring and dissenting statement: … Continue reading

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Cert. Petition Filed in Supreme Court in Pennsylvania Election Case (Bognet) Proposes Resolution of Independent State Legislature Doctrine After Election Is Over

From the cert petition: This case presents critically important issues about the conduct of federal elections that have split the lower courts. Do State courts and executiveofficials have authority to alter legislatively established election rules, despite the U.S. Constitution’s vesting … Continue reading

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During Thanksgiving Press Availability, Trump Engaged in Repeated, Despicable Lies About Hundreds of Thousands of Fraudulent Votes Cast in Each State, Trying to Explain His Election Loss; FOX News Broadcast It in Full without Fact Checking

You can watch the full remarks here. Let’s not be blasé about the President lying to the American people, falsely claiming hundreds of thousands of fraudulent votes being cast per state. This is horrible and despicable. He’s proved none of … Continue reading

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Donor Sues True the Vote Claiming He Gave $2.5 Million to Fund Jim Bopp Litigation to Expose Fraud in Battleground States to Help Trump, But the Group Withdrew Their Complaints and Did Nothing. He Wants a Refund.

Read the complaint here (via Cameron Langford). One of the allegations of the complaint is that TTV withdrew the 4 lawsuits in cooperation with the Trump campaign. Can’t wait to hear the rest of this story. More thoughts in this … Continue reading

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