Category Archives: Uncategorized
“8 Ways To Protect American Democracy”
New report from CAP.
Merits issues versus procedural issues in Trump’s cert petition
Like Rick, I’ve argued repeatedly here on ELB as well as earlier this week at Common Ground Democracy that the merits of whether or not Trump is disqualified from the presidency again by section 3 of the Fourteenth Amendment… Continue reading
Read Donald Trump’s Cert Petitition in the Colorado Disqualification Case
You can find it here.
Analysis to come.
“Trump appeals Maine ruling that he’s ineligible for 2024 primary ballot”
Federal District Court Rejects Claims that True the Vote Intimidated Voters in Georgia Election Challenges in Violation of Federal Law; Finds Its Challenge List “Utterly Lacked Reliability”
You can find the court’s 145-page opinion at this link.
The court did find that some of TTV’s Catherine Engelbrecht’s testimony was not credible, and that “TTV’s [voter challenge] list utterly lacked reliability. Indeed, it verges on recklessness.” But it… Continue reading
AALS Panel Tomorrow on Legislation, Governance, and Democratic Fragility
The theme of this year’s annual meeting of the American Law Schools Association is Defending Democracy. I’ll be speaking tomorrow on this terrific panel:
Legislation, Governance, and Democratic Fragility (co-sponsored Legislation and the Political Process)
Moderator: Vicki C. Jackson, Harvard… Continue reading
“After Section 3 Comes Section 2”
Michael Meltsner in TAP:
Attention in recent days has been paid to the Colorado Supreme Court’s ruling that Donald Trump can be barred from the presidential ballot for participating in an insurrection as ordered by Section 3 of the … Continue reading
Democracy and Disqualification
Over at Common Ground Democracy there’s a new column addressing the common argument that disqualifying Trump from the presidency would be undemocratic because it would deprive America’s voters of the ability to elect the candidate they’d most prefer to win.… Continue reading
Thanks Rick for the opportunity to guest blog
Thanks to Rick Hasen for the opportunity to blog over the last couple of weeks, and thanks to the many readers who sent me helpful feedback, tips, and insights!
Last June I stepped down after several years of running a… Continue reading
“American democracy has overcome big stress tests since the 2020 election. More challenges are ahead”
AP:
Over the past three years, the world’s oldest democracy has been tested in ways not seen in decades. . . At the same time, the past three years proved that American democracy was resilient. . . .
“It’s… Continue reading
“Why Voting Rights Act faces new wave of dire threats in 2024”
The Guardian:
As 2023 comes to a close, the Voting Rights Act is facing a series of dire threats that could significantly weaken the landmark civil rights law.
A suite of three different pending cases could gut the ability… Continue reading
“Prosecutors Ask Appeals Court to Reject Trump’s Immunity Claims in Election Case”
NYT:
Federal prosecutors asked [the U.S. Court of Appeals for the District of Columbia Circuit] on Saturday to reject former President Donald J. Trump’s claims that he is immune from criminal charges of plotting to overturn the 2020 election… Continue reading
“Would Keeping Trump Off the Ballot Hurt or Help Democracy?”
NYT:
As the top elections official in Washington State, Steve Hobbs says he is troubled by the threat former President Donald J. Trump poses to democracy and fears the prospect of his return to power. But he also worries… Continue reading