I wrote this column for Slate on how Congress could nullify the North Carolina legislators’ claim in Moore v. Harper through a short statute giving the imprimatur of federal law to the regulatory activities of non-legislative state actors: Fortunately, Congress… Continue reading

I’ve written this piece for Just Security. It discusses two features of the effort to have Samuel Tilden prevail in the disputed election of 1876, one from South Carolina and the other from Vermont, both of which lacked any… Continue reading

Jonathan Entin has this piece in The Conversation on legendary civil rights lawyer Fred Gray, who will receive the Presidential Medal of Freedom tomorrow. His client Martin Luther King, Jr. once called Gray “the chief counsel for the protest movement.”… Continue reading

By Leah Litman, Kate Shaw and Carolyn Shapiro: The issue in Harper is whether the federal Constitution prevents a state court from determining whether the state legislature violated the state constitution in setting rules for federal elections. The petitioners… Continue reading

From Tuscon.com: The Biden administration is planning to sue Arizona over a new state law that requires proof of citizenship to vote for president. Kristen Clarke, the assistant attorney general of the civil rights division of the Department of… Continue reading

NYTimes: On the last day of a turbulent term that included rulings on what the Constitution has to say about abortion, guns and religion, the Supreme Court issued another sort of decision, one that turned on the words… Continue reading

From (behind a paywall at) the Milwaukee Journal Sentinel.

WashPo: The idea, known as the “independent legislature theory,” represents to some theorists a literal reading of the Constitution. But in its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election… Continue reading

Sore losers as reported by NPR: This week, a Colorado county clerk indicted on charges including election tampering finished last in the GOP Secretary of State race, refused to acknowledge her loss and accused officials of cheating. In South… Continue reading

NYTimes (subscriber-only newsletter): What happens when Election Day lasts for weeks? The short, glib answer to that question is that Jan. 6 happens — as we learned dramatically this week when Cassidy Hutchinson, a young former aide to Mark Meadows,… Continue reading

From Jason Zingerle’s NYT Magazine essay on The Vanishing Moderate Democrat: Murphy told me that the negative advertising against her and other moderates, including New York’s Kathleen Rice, who is retiring, and Maine’s Jared Golden, who is a Frontliner, “takes… Continue reading

In a recent essay on the need to revise the Electoral Count Act (as well as in a recent New Yorker interview), I have emphasized the need to focus on the abuse of Article I legislative powers in connection with the… Continue reading