Category Archives: Uncategorized

“After Section 3 Comes Section 2”

January 2, 2024, 7:21 amUncategorizedRick Hasen

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

January 2, 2024, 5:57 amUncategorizedNed Foley

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

December 31, 2023, 7:58 amUncategorizedSpencer Overton

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”

December 31, 2023, 7:53 amUncategorized2024 Election CycleSpencer Overton

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”

December 31, 2023, 7:52 amUncategorizedVoting Rights ActSpencer Overton

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”

December 31, 2023, 7:51 amUncategorizedJanuary 6Spencer Overton

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?”

December 31, 2023, 7:50 amUncategorizedSection 3Spencer Overton

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

“How the Supreme Court May Rule on Trump’s Presidential Run”

December 31, 2023, 7:50 amUncategorizedSection 3Spencer Overton

Analysis by NYT’s Adam Liptak quoting law professors Tara Leigh Grove, Rick Hasen, Derek Muller, and Nick Stephanopolous: . . . They will be reluctant to wrest from voters the power to assess Mr. Trump’s conduct, particularly given the… Continue reading

SCOTUS Should Say Now if Trump Can Serve Again (so the issue doesn’t return to Congress after the election)

December 31, 2023, 7:06 amUncategorizedNed Foley

Over at Common Ground Democracy, I’ve posted a new column that I hope will be of particular interest to ELB readers. It describes the different ways the Supreme Court could decide the Colorado case and argues why, if the… Continue reading

AALS Multiracial Democracy Morning on Sat. Jan. 6, 8-11:40 am

December 30, 2023, 7:55 amUncategorizedVoting Rights Act; Section 2Spencer Overton

We’ve got two great multiracial democracy panels back-to-back in the same room (Marquis Salon 3) next Saturday, Jan. 6 at the 2024 AALS Annual Meeting. Please join us! 8-9:40 am AI & Defending Multiracial Democracy Speakers: Danielle Keats Citron… Continue reading

“Trump’s Team Prepares to File Challenges on Ballot Decisions Soon”

December 30, 2023, 7:48 amUncategorizedSection 3Spencer Overton

NYT: Former President Donald J. Trump’s advisers are preparing as soon as Tuesday to file challenges to decisions in Colorado and Maine to disqualify Mr. Trump from the Republican primary ballot because of the Jan. 6, 2021, attack on… Continue reading

“It took years for truth about election ‘audit’ to emerge. . . .”

December 30, 2023, 7:45 amUncategorized2020 Election CycleSpencer Overton

The Arizona Republic: Texts and emails released long after the so-called Arizona “audit” ended proved — beyond a doubt — the effort was encouraged, funded and carried out by loyalists to Donald Trump. Those details could have remained hidden… Continue reading

“Sam Bankman-Fried will not face second trial on charges including making illegal campaign donations and bribing Chinese officials”

December 30, 2023, 7:44 amUncategorizedAlleged Campaign Finance ViolationsSpencer Overton

The Daily Mail: Sam Bankman-Fried, who was convicted last month of stealing from customers of his now-bankrupt FTX cryptocurrency exchange, will not face a second trial on separate charges in the case, including campaign finance violations. In a… Continue reading

Common Ground Democracy

December 30, 2023, 7:31 amUncategorizedNed Foley

With the imminent arrival of 2024, which we all anticipate to be a challenging year for our field of election law, I’ve started a Substack journal called Common Ground Democracy. Its main focus will be to address structural issues… Continue reading