All posts by Rick Hasen

The Supreme Court’s Irresponsible Murkiness Over Whether the President Could Remove His Attorney General by Poisoning Him in the New Trump Immunity Case

July 2, 2024, 7:40 amauthoritarian threats in USRick Hasen

Under the Supreme Court’s ruling in yesterday’s Trump v. United States case, does an official act clearly within the power of the president to undertake become an “unofficial act” not subject to immunity if the President uses what would be… Continue reading

“Ruling Further Slows Trump Election Case but Opens Door to Airing of Evidence”

July 2, 2024, 7:05 amUncategorizedRick Hasen

NYT: The Supreme Court’s decision on Monday about executive immunity makes it all but certain that former President Donald J. Trump will not stand trial on charges of seeking to overturn the last election before voters decide whether to… Continue reading

“Supreme Court’s Trump immunity ruling poses risk for democracy, experts say”

July 2, 2024, 7:02 amauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

WaPo: In its immunity decision Monday, the Supreme Court emphasized the long-cherished ideal that no one in America is above the law, not even the president. The court’s dissenters and a chorus of critics said the majority had undercut that… Continue reading

“Cash Crunch Squeezes Kennedy Amid Costly Fight for Ballot Spots”

July 2, 2024, 7:01 amballot access, campaign financeRick Hasen

NYT: Robert F. Kennedy Jr.’s independent presidential campaign is spending heavily, amassing steep debts and resorting to layoffs as it becomes almost singularly focused on the costly effort of placing his name on state ballots. The troubles, laid bare in… Continue reading

“How Supreme Court Shocker Could Give Trump Truly Terrifying New Powers;” I Spoke with Greg Sargent for the Daily Blast Podcast

July 2, 2024, 6:31 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: Yesterday the Supreme Court released its shocking new ruling in the case involving Donald Trump’s demand for absolute immunity from prosecution for insurrection-related crimes. The court gave Trump much of what he wanted, notably ensuring that his trial for… Continue reading

“How Bad is the Trump Immunity Ruling?” I Spoke with the Slate “What Next?” Podcast

July 2, 2024, 6:27 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: The Supreme Court has ruled that presidents enjoy “substantial immunity” from prosecution for crimes committed while in office, which includes absolute immunity for “core constitutional duties” and “presumptive immunity” for “official acts.” All good news for one Donald J. Trump. How… Continue reading

“My New One at Slate: “Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy”

July 1, 2024, 12:29 pmauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: Is the Supreme Court obtuse or disingenuous? In its awful immunity ruling on Monday benefiting Donald Trump, the court seems so worried about future threats to democracy that could come from… Continue reading

I Spoke with NPR’s Morning Edition About the Trump Immunity Ruling

July 1, 2024, 12:00 pmauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

You can listen here. From the transcript: MARTIN: Speaking of the future beyond the criminal cases against former president Trump, this opinion does create new precedent for all American presidents. So to talk about that, we’ve called Rick Hasen, a… Continue reading

Supreme Court on 6-3 Party Line Vote Holds Trump Immune for Official Acts; Remand for Fact Intensive Questions of Whether Some of Trump’s Election Subversion Efforts Were Not Official Acts. No Chance of Trial Before Election

July 1, 2024, 7:37 amUncategorizedRick Hasen

As expected. Analysis to come.

“Corporate lobbyists eye new lawsuits after Supreme Court limits federal power”

July 1, 2024, 6:39 amlegislation and legislatures, lobbying, Supreme CourtRick Hasen

WaPo: Mere hours after the Supreme Court sharply curbed the power of federal agencies, conservatives and corporate lobbyists began plotting how to harness the favorable ruling in a redoubled quest to whittle down climate, finance, health, labor and technology regulations… Continue reading

The Tik-Tok Election

July 1, 2024, 6:37 amcampaigns, cheap speechRick Hasen

Playbook: A new report from CredoIQ shows the viral-video peril for Biden after the debate. Among the top-performing TikToks responding to the debate — which garnered 483 million views — 39 percent of views were on negative Biden content,… Continue reading

“Paid operatives linked to a GOP firm are helping Cornel West in Arizona”

July 1, 2024, 6:32 amballot access, chicanery, third partiesRick Hasen

NBC News: A dozen paid operatives registered with Arizona’s secretary of state on Sunday to collect signatures on behalf of left-wing presidential candidate Cornel West, listing their employer as a Republican-leaning firm that recently worked for GOP House candidate Blake… Continue reading

“The Basis for Election Exceptionalism in Justiciability and Related Doctrines: ‘Constitutional Compensation’ in Light of Purcell”

July 1, 2024, 6:25 amcourt decisions, Supreme CourtRick Hasen

Vik Amar and Evan Caminker have posted this draft on SSRN (forthcoming, University of Illinois L. Rev.). Here is the abstract: Pursuant to the so-called Purcell doctrine, lower federal courts (and perhaps the U.S. Supreme Court itself) are supposed to… Continue reading