Category Archives: Uncategorized

Travis Crum: “The Fifteenth Amendment’s Relevance to Trump v. Anderson”

February 5, 2024, 1:32 pmUncategorizedRick Hasen

The following is a guest post from Travis Crum: One of the many issues in Trump v. Anderson is whether Section Three of the Fourteenth Amendment applies today or whether it’s “insurrection or rebellion” language was backward looking and thus… Continue reading

“Who Lacks ID in America Today?An Exploration of Voter ID Access, Barriers,and Knowledge”

February 5, 2024, 1:21 pmUncategorizedRick Hasen

New report: This report presents results from the first public survey in nearly 20 years focused on who does and does not have various types of government-issued photo identification.This report also sheds new light on the barriers faced by voting-age… Continue reading

Donald Trump Files Reply Brief in Supreme Court Disqualification Case; Briefing Complete, with Oral Argument on Thursday (ELB Live Blog Thursday)

February 5, 2024, 10:53 amUncategorizedRick Hasen

You can read the brief here. I plan to live blog the arguments here at ELB.

“Disqualification of Former President Trump? A Conversation with Ambassador Norm Eisen (ret.) |” Tuesday Feb. 13 1PM (Webinar)

February 5, 2024, 10:33 amUncategorizedRick Hasen

FordhamFordham Law’s Voting Rights & Democracy Project will host Ambassador Norm Eisen (ret.) to debrief the oral arguments before SCOTUS on whether Section Three of the Fourteenth Amendment disqualifies Former President Trump from running for office. Registration details.

“Supreme Court Shocker? Here’s What Happens if Trump Gets Kicked Off the Ballot”

February 5, 2024, 7:31 amUncategorizedRick Hasen

Politico: “Legal scholars, national security experts and political analysts imagine the extraordinary fallout that would ensue.” Here’s my contribution to this roundtable: No matter how the Supreme Court rules in the Trump disqualification case some people are going to be… Continue reading

“After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision”

February 4, 2024, 4:28 pmUncategorizedRick Hasen

NYT: In December, when a federal appeals court agreed to hear former President Donald J. Trump’s sweeping claims to be immune from charges of plotting overturn the 2020 election, it laid out a lightning-fast briefing schedule, asking the defense and… Continue reading

Federal District Court Rejects Argument that North Dakota’s Acceptance of Ballots Postmarked by Election Day but Arriving After Election Day Violates Federal Law

February 2, 2024, 11:55 amUncategorizedRick Hasen

So surprise on the result. This was decided on standing grounds. I expect a similar loss for the RNC’s case in Mississippi, as I told the AP reporter.

State NON-Enforcement of the Constitution’s Eligibility Rules for Presidents & the Twentieth Amendment?

February 1, 2024, 5:12 pmUncategorizedNed Foley

In the most recent episode of his podcast in which Rick H was his guest (and which I highly recommend for its discussion of Rick’s new book as well as the pending Colorado case), Chuck Todd asked Rick what would… Continue reading

Amicus brief of former GOP members of Congress in the Trump-Colorado case

January 31, 2024, 12:35 pmUncategorizedNed Foley

A dozen former Republican members of Congress have submitted an amicus brief in support of respondents, urging the U.S. Supreme Court in Trump v. Anderson to affirm the disqualification of Trump. Although the brief submitted on behalf of Ben Ginsberg,… Continue reading

W & L Symposium: “Voting in a Politically Polarized Era”

January 31, 2024, 10:58 amUncategorizedRick Hasen

So sorry I’ll have to miss this: On Friday, February 16, the Washington and Lee Law Review will host the 2024 Lara D. Gass Symposium, entitled “Voting Rights in a Politically Polarized Era.” This Symposium will explore various… Continue reading

Josh Douglas: “Democracy Optimist”

January 31, 2024, 7:55 amUncategorizedRick Hasen

Josh passes along the following: ELB readers may be interested to learn about my new radio series and podcast, Democracy Optimist, which is available on all of the podcast platforms and will air on NPR stations in Kentucky. Democracy… Continue reading

Presidential Elections, “Survivor”-style

January 31, 2024, 6:46 amUncategorizedNed Foley

As we watch this year’s presidential election develop, which is heading to the Biden-Trump rematch that most Americans don’t want, we should be thinking imaginatively of better ways to elect a president–ones that would let voters elect the candidate a… Continue reading

“Some Minnesota corporations quietly resume donations to election disputers”

January 30, 2024, 3:00 pmUncategorizedRick Hasen

Star Tribune: In the aftermath of the insurrection on the U.S. Capitol, many of Minnesota’s largest corporations publicly announced they were pausing campaign donations to all members of Congress, including those who joined Donald Trump’s push to block the certification… Continue reading

SCOTUS, Social Media Removal of Hate is Not “Discrimination”

January 29, 2024, 2:35 pmUncategorizedcontent moderation, Netchoice, The Big LieSpencer Overton

This is Orwellian. Texas and Florida passed state laws that effectively hinder social media platforms in removing hate, white supremacy, election denialism, and similar content. The states are currently before the U.S. Supreme Court in the NetChoice cases attempting to… Continue reading