All posts by Rick Hasen

Keisler and Bernstein: “Trump’s Reply Brief ‘Officer’ And ‘Office’ Arguments Miss The Mark”

February 6, 2024, 8:52 amSupreme CourtRick Hasen

The following is a guest post from Peter Keisler and Richard Bernstein, delving deep into Trump’s hypertechnical lead argument: Former President Trump’s reply brief in Trump v. Anderson makes five arguments that if, under Section 3 of the Fourteenth Amendment,… Continue reading

“Municipal campaign spending in California shows no evidence that contribution limits increase independent expenditures”

February 6, 2024, 8:44 amcampaign financeRick Hasen

The following is a guest post from Zoe Klingmann: Critics of campaign finance reform have often argued that contribution limits have unintended consequences: rather than reducing the influence of large donors, they simply lead to more independent expenditures, which are… Continue reading

Breaking: “Federal Appeals Court Rejects Trump’s Claim of Absolute Immunity”; Trump Has Only Until Monday to Seek a Stay at SCOTUS

February 6, 2024, 7:47 amUncategorizedRick Hasen

NYT: A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal… Continue reading

“James O’Keefe and Project Veritas settle suit over bogus voter fraud claims cited by the Trump campaign”

February 6, 2024, 7:45 amelection subversion risk, fraudulent fraud squadRick Hasen

Ryan Reilly: Conservative provocateur James O’Keefe and his former organization Project Veritas have settled a lawsuit filed by a Pennsylvania postmaster after the group spread a Postal Service worker’s false claims of voter fraud during the 2020 presidential election. A… Continue reading

“Trump Ballot Ban Puts Onus on Supreme Court to Avert Tumult”

February 5, 2024, 6:39 pmSupreme CourtRick Hasen

Greg Stohr for Bloomberg: A historic showdown over Donald Trump’s eligibility to reclaim the White House puts pressure on the US Supreme Court to provide a clear political road map as the nation braces for the prospect of a tumultuous… Continue reading

Travis Crum: “The Fifteenth Amendment’s Relevance to Trump v. Anderson”

February 5, 2024, 1:32 pmUncategorizedRick Hasen

The following is a guest post from Travis Crum: One of the many issues in Trump v. Anderson is whether Section Three of the Fourteenth Amendment applies today or whether it’s “insurrection or rebellion” language was backward looking and thus… Continue reading

“Larry David” Arrested for Providing Water to Georgia Voter Waiting in Long Line in Fulton County

February 5, 2024, 1:26 pmelection law "humor"Rick Hasen

This is pretty, pretty, pretty good.

“Who Lacks ID in America Today?An Exploration of Voter ID Access, Barriers,and Knowledge”

February 5, 2024, 1:21 pmUncategorizedRick Hasen

New report: This report presents results from the first public survey in nearly 20 years focused on who does and does not have various types of government-issued photo identification.This report also sheds new light on the barriers faced by voting-age… Continue reading

Donald Trump Files Reply Brief in Supreme Court Disqualification Case; Briefing Complete, with Oral Argument on Thursday (ELB Live Blog Thursday)

February 5, 2024, 10:53 amUncategorizedRick Hasen

You can read the brief here. I plan to live blog the arguments here at ELB.

“Disqualification of Former President Trump? A Conversation with Ambassador Norm Eisen (ret.) |” Tuesday Feb. 13 1PM (Webinar)

February 5, 2024, 10:33 amUncategorizedRick Hasen

FordhamFordham Law’s Voting Rights & Democracy Project will host Ambassador Norm Eisen (ret.) to debrief the oral arguments before SCOTUS on whether Section Three of the Fourteenth Amendment disqualifies Former President Trump from running for office. Registration details.

Richard Bernstein: “A Response to Professor Lederman on the Electors Clause Issue in the Trump Disqualification Case”

February 5, 2024, 10:31 amSupreme CourtRick Hasen

The following is a guest post from Richard Bernstein: The formidable Prof. Marty Lederman recently has argued that the Electors Clause does not apply to presidential primaries because primaries elect delegates rather than electors. This particular argument, however, is wrong.… Continue reading

I Spoke to the “Strict Scrutiny” Podcast About the Trump Disqualification Oral Argument Coming This Week and My Forthcoming Book, “A Real Right to Vote”

February 5, 2024, 7:35 amReal Right to VoteRick Hasen

A fun yet meaty conversation with Leah, Kate, and Melissa, wherever you get your podcasts: This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he’s disqualified… Continue reading

“Supreme Court Shocker? Here’s What Happens if Trump Gets Kicked Off the Ballot”

February 5, 2024, 7:31 amUncategorizedRick Hasen

Politico: “Legal scholars, national security experts and political analysts imagine the extraordinary fallout that would ensue.” Here’s my contribution to this roundtable: No matter how the Supreme Court rules in the Trump disqualification case some people are going to be… Continue reading

“After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision”

February 4, 2024, 4:28 pmUncategorizedRick Hasen

NYT: In December, when a federal appeals court agreed to hear former President Donald J. Trump’s sweeping claims to be immune from charges of plotting overturn the 2020 election, it laid out a lightning-fast briefing schedule, asking the defense and… Continue reading

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