From the Washington Post: It’s not clear how many New Yorkers have been affected, but advocates said the issue appeared to be widespread in Brooklyn. “I have heard from dozens of voters individually today, all concentrated in Brooklyn, that… Continue reading

Politico asked more than two dozen “legal experts” their views on this question. Here’s my contribution: The authority and legitimacy of public institutions takes decades to build up — but can unravel far more quickly. We have been in the… Continue reading

From the Guardian: A Trump campaign spokesperson said the report in the Atlantic was not true. “The Atlantic story is false and ridiculous. The types of contingency plans included in the story are impossible,” the spokesperson said. “States have… Continue reading

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