I Spoke with CNN’s Abby Phillip About Election Law Issues Related to a Possible Joe Biden Withdrawal from Presidential Race (link to video)
You can watch here.
All posts by Rick Hasen
“Supreme Court Ruling Reflects Challenges of Jan. 6 Prosecutions”
Alan Feuer NYT analysis:
The Supreme Court’s decision on Friday that prosecutors had misused an obstruction law in charging hundreds of rioters who attacked the Capitol is the latest example of the persistent challenges the Justice Department has faced in… Continue reading
“Allegations of Democratic Voter fraud and Support for Political Violence Among Republicans”
James A. Piazza in American Politics Research:
Are partisans more likely to endorse political violence when politicians accuse their rivals of election improprieties? I theorize that for Republican partisans in the United States, the answer to this question is… Continue reading
“Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case”
NYT:
Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the case, siding with a member of the mob that stormed the Capitol on Jan. 6, 2021.
Experts in legal ethics have said that… Continue reading
Bottini: “Is there still a judge in Paris? French legislative elections proceed with minimal constitutional check”
The following is a guest post from Eleonora Bottini, Professor of Public Law, University of Caen Normandy:
On June 20th and 26th, 2024, the French Constitutional Council, unsurprisingly, authorized the legislative snap elections in France to proceed as… Continue reading
“The Government Needs to Act Fast to Protect the Election”
Gowri Ramachandran and Lawrence Norden post-Murthy in The Atlantic:
With Murthy now dismissed and limited time before November 5, the federal government can and should immediately resume its regular briefings with social-media companies about foreign interference in our elections. Although… Continue reading
WRAL Capital Broadcasting Co. 3 Part Series on the New Role of Outside Money in North Carolina Elections
CBC EDITORIAL INVESTIGATES: Outside campaign money dominates N.C. elections (PART ONE; Monday, June 24, 2024)
CBC EDITORIAL INVESTIGATES: Outside groups spending on N.C. campaigns. Who they are? What they want? (PART TWO: Tuesday, June 25, 2024)
CBC EDITORIAL INVESTIGATES: Voters’ … Continue reading
Breaking: Plaintiffs, Likely Fearing the Supreme Court Will Make Things Worse, Decline to Seek Supreme Court Review of Eighth Circuit Case Holding There’s No Right For Private Parties to Sue Under Section 2 of Voting Rights Act
With today’s deadline, I have learned there will be no cert petition filed. This is a case from the Eighth Circuit that is wrong on the text of the Voting Rights Act, wrong on its history, and wrong on… Continue reading
My New One at Slate: “That Big Jan. 6 Supreme Court Decision Is Not the Win for Trump People Think It Is”
I have written this piece for Slate. It begins:
In Fischer v. United States, a divided Supreme Court, in an opinion by Chief Justice John Roberts, handed Donald Trump a political victory by saying the government overreached in prosecuting some… Continue reading
Supreme Court Hands January 6 Rioters a Win in Fischer Case, But It Likely Won’t Help Trump Beat Similar Charges Against Him (Should He Ever Go To Trial on Election Interference)
The key holding in Fischer v. United States is to read the obstruction statute so that “the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as… Continue reading
What Replaces Chevron Deference in Administrative Law Statutory Interpretation Cases? Greater Judicial Power
Here, from the end of the Chief Justice’s opinion in Loper-Bright, is a brief paragraph on what replaces Chevron deference to administrative agency interpretation of ambiguous statutes:
Chevron is overruled. Courts must exercise their independent judgment in deciding whether… Continue reading
Don’t Let the Dismal Biden Debate Performance Overshadow Donald Trump’s Whitewashing of January 6 and His Refusal to Commit to Accepting the Results of the 2024 Election
All eyes of course are on Biden’s dismal performance in last night’s debate. (I wrote about the election law implications here.) But that should not overshadow the continued serious risk of election subversion coming from Donald Trump. Plans are… Continue reading
The Election Law Issues Surrounding a Potential Biden Withdrawal from the Presidential Race
I think after last night’s dismal debate performance, the odds that Joe Biden will drop out of the presidential race are now greater than 50 percent. Just look at where the columnists in the New York Times are.
How would… Continue reading
“Arizona RNC delegation chair: ‘I would lynch’ county election official”
WaPo:
Earlier this month, Shelby Busch — chair of Arizona’s delegation to the Republican convention — was in court trying to learn the identities of local elections workers. Under oath, she said she was unaware of any threats that had… Continue reading