Statement from Richard Pildes, Edward Foley, Rick Hasen, Lisa Manheim, and Nate Persily: Given the levels of anxiety about the process for counting electoral votes in Congress, we want to clarify certain fundamental legal facts about that process.  This clarification… Continue reading

Amy Gardner with a huge scoop: President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in an extraordinary one-hour phone call Saturday that legal scholars described as a… Continue reading

I was quite surprised to learn that my interview with Josh Tucker on these questions was far and away the most viewed piece on the Washington Post’s Monkey Cage blog in 2020. I had done a similar interview in 2016… Continue reading

I haven’t seen much coverage of these measures that come out of the bipartisan Cyberspace Solarium Commission (which included executive branch members) Congress had created before the Solar Winds story broke. The NDAA includes 26 amendments the commission recommended on… Continue reading

From this resignation letter to Majority Leader McCarthy and RNC Chair McDaniel: I have stated publicly numerous times that when entering the political arena, a person must be willing to accept winning and losing with grace and maturity. Having personally… Continue reading

I know it can be difficult to believe important legal issues are being resolved in some of this last flurry of cases, but they are. Yesterday’s federal district court decision in WI in Trump v. The Wisconsin Election Commission is… Continue reading

The NYT’s Ross Douhat: When it comes to Donald Trump’s efforts to claim victory in the 2020 presidential election, there are two Republican Parties. One G.O.P. has behaved entirely normally, certifying elections, rejecting frivolous claims and conspiratorial lawsuits, declining… Continue reading

The Supreme Court today in Carney v. Adams turned back a suit for lack of standing. The Court quoted from an earlier opinion by Justice Powell, in words that might be thought to have some bearing on the case Texas… Continue reading

Here’s my latest piece on the election for the NY Times. I want to thank a number of other election-law experts who contributed their insights to this: The 2020 election revealed longstanding fractures in the foundation of our system for… Continue reading

Excellent Philly Inquirer, Jonathan Lai story with some good dataviz: It’s impossible to know how events would have played out in an alternative world in which Pennsylvania counted enough ballots for Biden’s victory to be declared in the hours after… Continue reading

The James A. Baker III Institute for Public Policy has become one of the country’s preeminent institutions for the study of the Presidency. It is currently hosting a three-day program titled “A Presidential Election During the Time of Covid.” The… Continue reading

There’s an excellent new biography out of James A. Baker III, by Peter Baker (no relation) and Susan Glasser. Some call Baker the most important non-elected figure in Washington in the last half of the 20th Century. He ran five… Continue reading

The New Yorker’s Eliza Griswold takes a detailed look at the state legislative politics in PA over whether to conduct an audit of the presidential election. That effort appears to have fizzled out, at least for now: Since November 3rd,… Continue reading

@RuthMarcus: It’s not an easy call. Anyone who believes it to be simple is not grappling with the implications of taking the unprecedented step of lodging criminal charges against a former president. The United States is not a place,… Continue reading