Category Archives: Uncategorized
“ABA Task Force for American Democracy to hold listening tour event in Madison, Wisconsin”
Release:
The American Bar Association Task Force for American Democracy will hold the fourth in a series of listening tour events Tuesday, July 9, with a program in Madison, Wisconsin, featuring local leaders, legal scholars and defenders of democracy. The… Continue reading
Lincoln’s contemplated coup d’etat: immune or not?
This post is a revised version of a nonpublic email I sent yesterday. Several who received the email responded by saying that Lincoln example discussed in the email is useful. Therefore, I’m sharing it here.
Yesterday the Washington Post ran… Continue reading
Is presidential poisoning of an AG absolutely immune?
I wrote the following originally as a nonpublic email but subsequently have been asked to make it publicly available. I do so in the spirit that deliberation among scholars about a new Supreme Court opinion as important as the presidential… Continue reading
Presidential Immunity and Partisan Primaries
New Common Ground Democracy essay on yesterday’s SCOTUS decision, with this subtitle: “The effort to prosecute Trump criminally is a consequence of the Senate’s failure to convict him in the impeachment case, and why did the Senate fail in this?… Continue reading
“Ruling Further Slows Trump Election Case but Opens Door to Airing of Evidence”
NYT:
The Supreme Court’s decision on Monday about executive immunity makes it all but certain that former President Donald J. Trump will not stand trial on charges of seeking to overturn the last election before voters decide whether to… Continue reading
Supreme Court on 6-3 Party Line Vote Holds Trump Immune for Official Acts; Remand for Fact Intensive Questions of Whether Some of Trump’s Election Subversion Efforts Were Not Official Acts. No Chance of Trial Before Election
As expected. Analysis to come.
Recording of Structural Reform Webinar is available
Here’s the link to the recording of the webinar that Election Law at Ohio State held last week on the topic of structural reform of the electoral process–and specifically the policy tradeoffs involved between Instant Runoff Voting (technically, the “Hare”… Continue reading
“Barnes, Deal lead bipartisan initiative to fight election fraud lies in Georgia”
AJC:
Some of Georgia’s most prominent bipartisan leaders are uniting behind an effort to bolster confidence in the state’s election system after years of damage from false claims and discredited conspiracy theories about widespread voting fraud in 2020.
The Democracy… Continue reading
The Primary Importance of Primary Reform
Nate Persily is one of our nation’s leading election law scholars (and a friend), with whom I usually agree on many specific matters in our field, but he is quoted today in the N.Y. Times (in an article today … Continue reading
Reminder: Wednesday webinar on electoral reform
I won’t repeat all of the previous ELB post announcing this webinar on alternative electoral reforms to improve American democracy, especially in light of increasing partisan polarization. I will simply note that the French legislative elections, the first round of… Continue reading
How Much Does the Hunt for Small Donors Contribute to the Extremism of Our Political Culture?
This Washington Post story is full of examples of how extreme rhetoric turns on the spigot of small donations. This isn’t surprising; as I’ve noted, in the days of direct mail, consultants also understood that extreme rhetoric was a key… Continue reading
“Judge dismisses Nevada fake electors case over lack of jurisdiction”
Nevada Independent:
A Clark County judge has dismissed the charges filed against the six Nevada Republicans who submitted an invalid slate of electoral votes for former President Donald Trump in 2020, ruling that the county was not the appropriate jurisdiction… Continue reading
“Trump campaign seeks to head off convention revolt from its right flank”
WaPo:
Arizona delegates to the Republican National Convention gathered this month in a Phoenix suburb, showing up to get to know each other and learn about their duties.
Part of the presentation included a secret plan to throw the party’s… Continue reading