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

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

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.

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

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