In the event she is nominated, I thought this video of her speaking on originalism might be of interest. This is from the 2019 Federalist Society National Lawyers Convention. Judge Barrett spoke on a “Showcase Panel, titled “Why, or Why… Continue reading

I expect the main constitutional issue the Trump campaign will raise in this petition to be the argument that the PA Supreme Court unconstitutionally interfered with the state legislature’s power in Art. II, Sec. 1, cl. 2 of the Constitution.… Continue reading

Politico: Politico Magazine asked more than a dozen legal thinkers — law professors, litigators and constitutional scholars — to tell us how RBG’s life and work reshaped America. Many pointed to her work as a champion of women and… Continue reading

That’s a quote from Dr. Annabelle de St. Maurice, MPH, an assistant professor of pediatrics in the division of infectious diseases who leads the Pediatric Infection Control and is the co-chief infection prevention officer for UCLA Health. That’s from… Continue reading

Edward Luce is one of the best analysts of Western democracy, as reflected in his 2017 book, The Retreat of Western Liberalism. In his piece in the Financial Times, on the nature of this fall’s election, he ends on this… Continue reading

I want to highlight one intriguing aspect of this decision.  The state adopted no-excuse absentee voting in a law passed in 2019, before the pandemic.  That meant that the surrounding laws were not written for the volume of absentees likely… Continue reading

This well-researched Thomas Edsall NYT essay is my must-read piece of the day. It’s subtitled: “Apocalyptic terms” have taken over the 2020 election, with potentially dangerous implications. I’m not going to try to post an excerpt, because it would be… Continue reading

Pennsylvania, under divided government, nonetheless recently created a new “Election Advisory Board.” I’m flagging this because many of us have advocated for various forms of independent or bipartisan boards or commissions to oversee the election process. This new Board has… Continue reading

From the Guardian: Election experts are deeply worried about the chaos from a scenario in which Trump leads in-person voting on election night, claims victory, only to see his lead evaporate as more mail-in votes are counted. Election law… Continue reading

One of the silver linings of Zoom is being able to talk with law students at places that would be logistically difficult if conferences had to be in person. Nick Stephanopolous and I will be speaking tomorrow at this conference… Continue reading

This is a good piece on an under-discussed election reform issue. One reason it’s good is that it’s not all doom and gloom, and recognizes positive developments in this area. The piece also offers a new institutional reform for this… Continue reading

CNN has published this op-ed of mine on what voters can do at this point to minimize the risk of an election meltdown. My contract with them permits me to offer only this very brief excerpt, so take a look… Continue reading

In this NYTimes survey of security experts about potential risks to the election process and ways to forestall them, I think this suggestion from Michael Chertoff is worth highlighting: But defenses are not perfect, so we also need ways to… Continue reading

This is a must-read piece from Ned Foley on the importance of recognizing the difference between problems in the election process — which social media will inevitably amplify — and issues that would actually cast doubt on the legitimacy of… Continue reading