All posts by Rick Hasen

Fifth Circuit in Bonkers Opinion Holds It Violates Federal Law for Miss. to Accept Ballots Postmarked by Election Day But Arriving After Election Day; Decision (for Now) Won’t Be Applied to This Year’s Election (Which Has Already Started)

You can find the opinion here, coming from the most radical panel of the judges on the Fifth Circuit (and that of course is saying something). I am on multiple deadlines, so a full analysis of the merits will… Continue reading

Republicans Plan to Go to U.S. Supreme Court Raising Independent State Legislature Theory to Seek to Block Pennsylvania Supreme Court Ruling Requiring Counting of Certain Provisional Ballots

Are we about to see the Supreme Court weigh back into the application of the independent state legislature theory? Back on Wednesday, I wrote about a divided ruling of the Pennsylvania Supreme Court that required the counting of provisional ballots… Continue reading