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

Experts say the languishing legal campaign — which is no longer actively pushing to overturn the results in three or more states, as it would need to do to surpass Biden’s electoral votes — is less about flipping the election… Continue reading

I realize this is of interest only to election-law folks at this point, but I wanted to highlight some noteworthy aspects of the PA Supreme Court’s recent 3-1-3 election-law decision. The issues are whether absentee ballots are valid votes if… Continue reading

Philly Inquirier: Pennsylvania counties rushed Monday to certify their results from the Nov. 3 election, even as President Donald Trump and his Republican allies continued their increasingly long-shot legal effort to disrupt the cementing of the state’s final vote tally.… Continue reading

This new paper from Herron, Smith, et. al., out incredibly fast, suggests that there were 4,000 people in Gwinnett County who accidentally voted twice in the Loeffler-Collins-Warnock race, due to confusion of the double-column ballot used there. Pictures of the… Continue reading

In Reuters interviews with 50 Trump voters, all said they believed the election was rigged or in some way illegitimate. Of those, 20 said they would consider accepting Biden as their president, but only in light of proof that the… Continue reading