Category Archives: Uncategorized

“It’s not up to secretaries of state like me to keep Trump off the ballot”

September 14, 2023, 2:38 pmUncategorizedRick Hasen

Jocelyn Benson WaPo oped: Is it up to secretaries of state to determine whether Donald Trump can ever serve in elective office again? That seems to be the nearly universal view of those who say the former president is disqualified… Continue reading

“‘You’re screwed’: Romney’s exit threatens a collapse of Senate’s middle”

September 14, 2023, 7:54 amUncategorizedRick Hasen

Politico: “If Joe Manchin and Kyrsten Sinema follow the Utahn out the door, they’ll leave a void in a chamber that’s handed Joe Biden remarkable bipartisan deals.”

“NC’s top judicial official is behind ‘political hit job,’ Democrats say”

September 13, 2023, 1:41 pmUncategorizedRick Hasen

WRAL: North Carolina’s highest-ranking judicial official is personally behind the push for an investigation into a fellow justice, a state lawmaker claimed Wednesday, calling it a politically motivated attack. Supreme Court Justice Anita Earls was recently put under investigation, WRAL… Continue reading

The Case for Proportional Representation

September 13, 2023, 8:53 amUncategorizedProportional Representation, ScholarshipTabatha Abu El-Haj

The Democracy Journal, in partnership with Protect Democracy and Democracy Fund, has published a symposium making The Case for Proportional Representation. In a series of essays, Didi Kuo, Guy-Uriel Charles, and other leading scholars explore how winner-take-all elections are aggravating some of our… Continue reading

Steven Calabresi (of Federalist Society) Reverses View on Whether Trump Is Disqualified under the 14th Amendment

September 13, 2023, 7:11 amUncategorizedRick Hasen

Via Josh Blackman (who has a new draft article with Seth Tillman disputing the originalist account that Will Baude and Michael Stokes Paulsen offered on this question).

“Trump faces another 14th Amendment candidacy challenge, this time in Minnesota”

September 12, 2023, 7:35 amUncategorizedRick Hasen

Marshall Cohen for CNN: A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist… Continue reading

“2024: Like No Other Presidential Election in Our History”

September 12, 2023, 7:34 amUncategorizedRick Hasen

Jerry Goldfeder reflects.

“The political perils of using the 14th Amendment on Trump”

September 10, 2023, 3:58 pmUncategorizedRick Hasen

Aaron Blake for WaPo: To the extent that Democratic secretaries of state and others in the party have entertained the idea of disqualification, it’s been to say that the Supreme Court should decide the issue. (A prominent and Trump-critical Republican… Continue reading

“Arizona judge rules common practice of validating ballot signatures illegal”

September 8, 2023, 8:29 amUncategorizedRick Hasen

Arizona Capitol Times: A practice used by some, if not all, Arizona counties to verify signatures on early ballots may be illegal. And that could result in election officials across the state have to change their procedures – and potentially… Continue reading

Lawfare podcast on procedural issues relating to 14th Amendment disqualification

September 8, 2023, 12:21 amUncategorizedNed Foley

Scott Anderson of Lawfare led a thorough and well-organized discussion of the various procedural hurdles and obstacles associated with litigation over section 3 of the Fourteenth Amendment, with Derek and me as participants. I think it would be particularly useful… Continue reading

“Two Trump Co-Defendants Will Go on Trial Next Month, Georgia Judge Says; Sidney Powell and Kenneth Chesebro get Oct. 23 trial date.”

September 7, 2023, 7:21 amUncategorizedRick Hasen

WSJ reports.

“In Fulton County, Fear Not Removal”

September 7, 2023, 7:19 amUncategorizedRick Hasen

Anna Bower, Alan Rozenshtein, and Ben Wittes for Lawfare: The question of whether the Fulton County case should be removed to federal court—in whole or in part, temporarily pending resolution of certain immunity questions or all the way through… Continue reading

“Jan. 6 Rioters Have Been Held to Account. That Might Be the Easy Part.”

September 6, 2023, 7:07 pmUncategorizedRick Hasen

NYT: The Trump prosecutions are likely to be a stress test of the country’s commitment to the rule of law at a moment of intense polarization and with Mr. Trump solidifying his position as the Republican Party’s presumptive presidential nominee.… Continue reading

“Judge blocks Wisconsin officials from using federal voter registration form”

September 6, 2023, 9:44 amUncategorizedRick Hasen

AP: judge blocked Wisconsin election officials Tuesday from using a federal voter registration form, finding they never formally approved its use. Conservative law firm Wisconsin Institute for Law and Liberty filed a lawsuit in September 2022 asking a judge to… Continue reading