“The Problem of Misinformation in an Era Without Trust”
Jennifer Szalai “critics notebook” review essay for the NYT.
All posts by Rick Hasen
Eugene Mazo: “Remembering Morris Kramer”
The following is a guest post from Eugene Mazo:
Morris H. Kramer, the plaintiff in Kramer v. Union Free School District No. 15, 395 U.S. 621 (1969), passed away on September 11, 2023. I got to know Kramer toward… Continue reading
Watch Video of My Appearance with Geoff Bennett on PBS New Hour Discussing Potential Trump Disqualification in Maine and Likely SCOTUS Review
You can watch here.
Shorter excerpt:
Maine’s top election official ruled last night that Donald Trump is constitutionally ineligible to appear on the state’s primary ballot in 2024, citing his efforts to overturn the 2020 election results.@GeoffRBennett talks… Continue reading
“New 2023 Population Estimates Show Further Changes In Congressional Apportionment”
New analysis from Election Data Services:
With just three years since the Census Bureau released the final 2020 Census results, the Bureau’s new population estimates that were released earlier this week (December 19. 2023) would have changed congressional apportionment in… Continue reading
Thank You to the ELB Contributors and to Our Readers, and a Look to 2024
As I’ve been traveling internationally over the last few weeks, I’ve had ELB contributors Derek Muller and Spencer Overton doing the major daily work that it takes to produce ELB. This should ordinarily be a sleepy time for election law… Continue reading
My 2023 Opeds and Commentaries (and Moving 2022 Commentaries to the Archives)
Here are the 2023 commentaries, in reverse chronological order:
Terrifying Reports About Trump’s Plans for a Second Term Have One Bright Spot, Slate, November 7, 2023
The Supreme Court Needs to Make a Call on Trump’s Eligibility, The Atlantic, September… Continue reading
Maine Secretary of State, Piggybacking on the Reasoning of the Recent Colorado Supreme Court Decision, Finds Trump Disqualified and Orders Him Off Primary Ballot (But Decision Stayed for Judicial Review)–Makes SCOTUS Review of Issue More Likely
You can find the 34-page decision of the Maine Secretary of State at this link.
Much of the reasoning of this decision tracks the analysis of the Colorado Supreme Court in Anderson. As Derek has suggested, the Colorado decision… Continue reading
Breaking: Federal District Court Holds that Georgia’s New Congressional Redistricting Plan Complies with Remedial Order in Voting Rights Case, Rejecting Plaintiffs’ Objections
You can find the opinion here. The court in a footnote leaves open the possibility that plaintiffs in a new case could make an argument that the failure to create a coalition district under the Legislature’s new plan in… Continue reading
West Virginia Secretary of State and Gubernatorial Candidate Mac Warner Says 2020 Election was “Stolen” Because of . . . Hunter Biden Laptop and Discredited Version of Independent State Legislature Theory
See this:
Final Version of My Paper, “Nonprofit Law as the Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill,” Now Available
You can read it here, and the citation is 56 Loy. L.A. L. Rev. 1233 (2023).
Abstract:
This brief Essay was prepared for a festschrift honoring the work of Professor Ellen Aprill. I explain in the Essay how Professor… Continue reading
“A New, and Old, Approach to Constitutional Conventions”
David Pozen:
One of the most significant disagreements on Balkinization seems to have reached an impasse. For almost two decades now, Sandy Levinson has been advocating a constitutional convention as a means to reconsider and revamp the Constitution’s most pernicious structural… Continue reading
Colorado Republican Party Files Cert Petition in Case Involving Trump’s Disqualification from the Colorado Primary Ballot
You can find it here (no docket number yet, via Marty Lederman).
Trump is expected to file a separate cert. petition, raising somewhat different issues.
Will the U.S.Supreme Court Keep Donald Trump Off the Ballot ? Some Initial Thoughts
I am traveling and so I offer only some brief and initial thoughts here about what the United States Supreme Court may and should do in light of the Colorado Supreme Court’s determination that Donald Trump is ineligible to serve… Continue reading
“Talk of a Trump Dictatorship Charges the American Political Debate”
Peter Baker for the NYT:
When a historian wrote an essay the other day warning that the election of former President Donald J. Trump next year could lead to dictatorship, one of Mr. Trump’s allies quickly responded by calling for… Continue reading