A Lawfare essay analyzing how best to read Trump v. Anderson for understanding its potential implications down the road. The piece delves deep into the details of both the per curiam and the separate opinion by the three liberals on… Continue reading

A new Common Ground Democracy essay with this subtitle: “A local group is pursuing a proposal that deserves nationwide recognition as well as success at home.” ELB readers should be especially interested in following the development of this important effort.… Continue reading

Carl Hulse for the NYT: “It is going to be challenged,” said Mr. Manchin, who sided with Mr. McConnell and Senate Republicans to block fellow Democrats from rewriting the Senate rule book. Senator Chuck Schumer, Democrat of New York and… Continue reading

NBC News: The Democratic National Committee is building its first team to counter third-party and independent presidential candidates, people involved told NBC News, as the party and its allies prepare for a potential all-out war on candidates they view as… Continue reading

AJC: A political and legal standoff is underway in Catoosa County after the local GOP passed rules giving it the final say over who can qualify as a Republican and then this week refused to allow several contenders for… Continue reading

AJC: Fulton Superior Court Judge Scott McAfee on Wednesday struck down six counts of the August indictment that alleged felony conduct by former President Donald Trump and 18 others, saying they lacked sufficient detail. In a nine-page ruling, McAfee dismissed… Continue reading

NYT: A bipartisan panel of three judges in North Carolina ruled that a Republican-led effort in the state legislature to restructure state and county election boards is unconstitutional. Their ruling, which contained no dissent, leaves in place the current makeup… Continue reading

Gerard Magliocca in Washington Monthly: One goal of both parties to the Section 3 lawsuit was to obtain a decision on Trump’s eligibility before the election. As Justice Louis Brandeis once wrote, it is usually more important that the “law … Continue reading

The Center for Political Accountability has a post in Harvard Law School’s Forum on Corporate Governance on the Guide to Becoming a Model Code Company. The CPA-Zicklin Model Code provides companies with a framework for approaching, governing and assessing… Continue reading

Amidst all the music and films, Nate Persily and I will be speaking today at SXSW on the legal challenges facing the 2024 election. Looking forward to discussing all these issues with a different audience than usual: https://schedule.sxsw.com/2024/events/PP1145698

Marshall Cohen for CNN: An alleged bribery scheme in the Philippines has thrown a potential lifeline to Fox News and other right-wing media outlets that are battling massive defamation lawsuits from the voting technology company Smartmatic for their promotion of 2020 election lies. The overseas… Continue reading

Marcela Miranda-Caballero and David Daley’s new piece in the LA Times: Schiff’s skulduggery was unfortunate but totally rational under the current system. In California’s unusual “jungle” primary, every candidate runs in the same preliminary election, and the top two vote-getters… Continue reading

I was honored to be part of this deep dive into the details of the Court’s decisions and its implications going forward. Other participants were Quinta Jurecic and Roger Parloff of Lawfare and Gerald Magliocca, who has done such important… Continue reading

Matt Ford for TNR: What the Supreme Court did not decide could be as important as what it did decide. The justices did not address the merits of the Colorado voters’ claim against Trump about the former president’s participation in… Continue reading