Bolts: Neil Makhija spent years promoting voter turnout in South Asian communities, and, as a professor of election law at the University of Pennsylvania, teaching new generations of attorneys about the fragility of the right to vote. But in 2020,… Continue reading

Since writing the new Common Ground Democracy column “Collapse of Border Bill Proves Need for Electoral Reform,” I now see Paul Kane’s column this morning providing further evidence that partisan primaries are preventing congressional Republicans from governing in the national… Continue reading

New Common Ground Democracy column with this subtitle: “The debacle is confirmation that the primary (meaning “main”) problem is the primary (meaning “partisan preliminary election”) problem.”

WaPo reports.

Dahlia Lithwick and Mark Joseph Stern: When called upon to weigh in by Trump, the Supreme Court will have three likely options. First, it can deny the stay and refuse to take up the case. And it should. To… Continue reading

WaPo: When Kari Lake speaks to the Republican Party faithful, she’s accustomed to cheers and adulation. But as the Arizona Senate candidate addressed hundreds of the state GOP’s most loyal activists late last month, she was booed so loudly the… Continue reading

Rick has linked to the opinion. I note briefly here that the unanimous per curium is a strong vindication specifically of fundamental election law principles. First, the opinions assumes for sake of argument that all of Trump’s conduct alleged… Continue reading

NYT: A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal… Continue reading

Previously, I posted on SSRN an analysis of why Clement Vallandigham is relevant to the question whether Congress must enact a statute to enforce section 3 of the Fourteenth Amendment in order to permit a state court to adjudicate if… Continue reading

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

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

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

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.

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