Victoria Nourse LAT oped hits the nail on the head about textualism: Many think that the appointment of Judge Amy Coney Barrett to the Supreme Court will jeopardize the Affordable Care Act and abortion rights. But the reach of her … Continue reading
Rick Hasen
AP reports. … Continue reading
Gustavo Arellano LA Times column. … Continue reading
News and Observer: A federal judge placed a temporary restraining order Saturday on the NC Board of Elections settlement that came out of Wake County Superior Court Friday and changed state election laws ahead of the Nov. 3 election.Attorneys representing … Continue reading
A Guardian piece on Mayor Pete’s own writings asks him what he’s reading. He says this: Election Meltdown – Rick Hasen “Rick Hasen’s book is extremely timely, because we have a lot of concerns about what’s going to happen in this … Continue reading
Business Insider: The US Department of Justice improperly censored portions of the Mueller report dealing with potential criminal charges and Russia’s hacking of the Democratic National Committee, a federal judge ruled Wednesday.In response to a complaint brought by BuzzFeed reporter Jason … Continue reading
USA Today: Battleground states that could decide the presidential election face a shrinking window to take action to allow the processing of absentee ballots before Election Day to cut down on the days or even weeks it could take to have final … Continue reading
Milwaukee Journal-Sentinel: The Wisconsin Supreme Court agreed to clarify one of its rulings late Friday as federal appeals judges weigh how to handle absentee ballots this fall. The development improved fortunes for Republican lawmakers after a series of recent legal setbacks. … Continue reading
Milwaukee Journal Sentinel. … Continue reading
Arizona Capitol Times: Saying the pandemic interfered with the process, two groups want more time to sign up voters for this election.Legal papers filed in U.S. District Court in Phoenix claim the current deadline of October 5 to register does … Continue reading
You can listen here. … Continue reading
Cleveland.com: Ohio Secretary of State Frank LaRose can legally require counties to offer multiple drop boxes per county for completed absentee ballots, a panel of state appeals judges ruled on Friday.The trio of judges on the Ohio 10th District Court … Continue reading
WaPo: A federal judge has ordered that the 2020 Census count continue until Oct. 31, blocking for now the government’s efforts to complete the survey in time to deliver apportionment data to the president by the end of the year.The … Continue reading
ORDER: Having received a petition for reconsideration filed by the State Legislature, the court has decided that it would be appropriate to certify a question of state law to the Supreme Court of Wisconsin under Wis. Stat. §821.01 and Seventh … Continue reading
You can find a majority, concurring, and dissenting opinion here. The judges broke along the party lines of the president that appointed them. … Continue reading
WaPo: Bracing for possible civil unrest on Election Day, the Justice Department is planning to station officials in a command center at FBI headquarters to coordinate the federal response to any disturbances or other problems with voting that may arise … Continue reading
David: In a string of unsigned, unexplained orders this summer, the Supreme Court has repeatedly shown that it will not protect the right to vote during an election year. The court has considered emergency motions in cases challenging voting or … Continue reading
Reuters: Tens of thousands of emails sent on Thursday that asked recipients to volunteer for the Democratic Party ahead of the November U.S. election actually came from email scammers and carry malicious software, according to researchers at cybersecurity firm Proofpoint.The … Continue reading
Looking forward to reading this new book from David Primo and Jeff Milyo. … Continue reading
USA Today reports. … Continue reading
USA Today oped. … Continue reading
I have written this piece for Slate. It begins: President Donald Trump and First Lady Melania Trump have the coronavirus and the White House reported on Friday that the president is suffering from mild symptoms. With the president having just attended the … Continue reading
Complaint: On June 29, 2020, Defendant Governor Greg Abbott argued in federal court that“precipitous changes to the [election] rules can cause ‘confusion’ and even undermine public confidence in the outcome of the election itself.” Three months later, with voting underway … Continue reading
WHYY: A contractor’s laptop and several encrypted USB devices were stolen from Philadelphia’s election warehouse in the East Falls neighborhood sometime this week, the Inquirer reported Wednesday. Police are investigating, and election officials assure voters that voting integrity is in no … Continue reading
WRAL: A federal judge on Wednesday warned the State Board of Elections that recent changes to requirements for absentee mail-in voting in North Carolina do not have his approval.Those changes, outlined in a Sept. 22 memo from the state board … Continue reading
Joan Walsh in The Nation. … Continue reading
New article in Valley Lawyer by Brad Hertz (starts on p. 28). … Continue reading
Detroit Free Press: Michigan Attorney General Dana Nessel is charging two well-known election provocateurs with felonies related to a racist robocall in metro Detroit that spread false information about the upcoming general election. Jacob Wohl and Jack Burkman are accused of orchestrating … Continue reading
News from today’s order list is no surprise. Here’s what I wrote back in January: “I strongly suspect that the Supreme Court will take this case, which reversed a lower court and a three-judge Ninth Circuit panel. A finding of … Continue reading
The President and First Lady reportedly tested positive for the coronavirus. As the New York Times notes, “Mr. Trump’s positive test result could pose immediate difficulties for the future of his campaign against former Vice President Joseph R. Biden Jr., … Continue reading
Philadelphia Inquirer: The much-anticipated debut of early voting got off to a rocky start in Philadelphia on Tuesday, as technical issues left voters frustrated and confused while they waited in line, unable to cast their ballots.Philadelphia opened the first seven of 15 … Continue reading
Ciara Torres-Spelliscy for The Hill. … Continue reading
David Wasserman: In the last few weeks, Joe Biden has led President Donald Trump by a fairly consistent 8-point average in national polls and has maintained leads in more than enough battleground states to win the Electoral College, including Arizona, Michigan, Pennsylvania and Wisconsin … Continue reading
Release: With just a month to go before the November 3rd election, a group of 40 experts on elections and democracy are imploring Congress to support a bill that would give states more time to tally election results. A letter the … Continue reading
The following is a guest post from Charlotte Blatt and Kate Hamilton, J.D. candidates at Yale Law School: Young voters get a bad rap. In 2018, voters ages 18-29 made up just 13% of the electorate despite comprising 22% of … Continue reading
NYT reports. … Continue reading
Ambiguous WaPo: The aftermath of the first presidential debate between President Trump and Democratic nominee Joe Biden triggered a reckoning among Republicans on Wednesday about the incumbent’s incendiary remarks on white supremacy and his baseless claims of electoral fraud, with GOP officials … Continue reading
CNN: A federal judge in Montana rejected the Trump campaign’s effort to stop an expansion of mail-in voting in the state.The Trump campaign and the Republican National Committee filed the lawsuit earlier this month after Democratic Montana Gov. Steve Bullock issued a directive allowing … Continue reading
Brendan in WaPo: The question now is whether the media will learn anything from the debate experience. Will they accurately describe Trump’s attacks on the election as dangerous and anti-democratic? Or will they run faux-neutral headlines like “Pure chaos on … Continue reading
Chuck Lindell thread starts here: BREAKING: Gov. Abbott issues proclamation CLOSING (as of Oct. 2) satellite offices where voters can drop off completed mail-in ballots.Counties can only have 1 dropoff point, he says.Travis has 4, including 3 downtown.Harris has 12.— … Continue reading
I talked to Warren Olney for KCRW’s “To the Point.” … Continue reading
Here’s the order. When the district court issued its order I was quite surprised there was no focus on trying to implement this so close to the election. As the appeals court wrote: “Finally, given that thousands of ballots without … Continue reading
You can watch here: … Continue reading
NYT: President Trump’s proclamations at Tuesday’s debate that there was no way the presidential election could be conducted without fraud, as well as frequent tweets along those lines, aren’t helping.“I have never been so upset about a sitting president attempting … Continue reading
AP: With just over a month to go before Americans head en masse to the polls in an extraordinarily contentious election, Facebook is expanding restrictions on political advertising, including new bans on messages claiming widespread voter fraud.New prohibitions laid out … Continue reading
Tuscon.com: The Arizona Court of Appeals has reinstated a 2017 law that opens the door to “dark money” contributions to political races.The judges said Tuesday that the Republican-controlled Legislature was within its rights to decide that any group the Internal … Continue reading
The brief relies heavily on the Purcell Principle. … Continue reading
AP: They’ve been fighting in Wisconsin and Pennsylvania over the cutoff date for counting mailed ballots, and in North Carolina over witness requirements. Ohio is grappling with drop boxes for ballots as Texas faces a court challenge over extra days … Continue reading
Reuters: The Russian group accused of meddling in the 2016 U.S. election has posed as an independent news outlet to target right-wing social media users ahead of this year’s vote, two people familiar with an FBI probe into the activity … Continue reading
I spoke with Madeline Brand on KCRW’s Press Play. … Continue reading