WaPo: Special counsel Jack Smith has sent a grand jury subpoena to Georgia Secretary of State Brad Raffensperger, bringing to five the number of 2020 battleground states where state or local election officials are known to have received such requests… Continue reading

CNN reports.

Politico: A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Donald Trump’s “Stop the Steal” movement. The effort, first reported by POLITICO, was undertaken by two… Continue reading

I’m back in the saddle, gearing up for what’s next.

Both before and during the argument in Moore v. Harper, I wrote about the possibility that the Court might think about extending the approach in the CJ Rehnquist’s Bush v. Gore concurrence – which was about state court statutory interpretation… Continue reading

Listen.

Here are some things that struck me listening to the argument today.1) What will the RKB triumvirate do? As Rick Hasen noted in his post, the question is which way will Roberts, Kavanaugh, and Barrett go. My guess is… Continue reading

I’m going to re-up a post of mine from Dec. 3rd on this issue: how relevant should the Bush v. Gore concurrence on statutory interpretation, which CJ Rehnquist authored, be in considering the role of state courts in interpreting the… Continue reading

This Friday, December 9 at noon (ET), Election Law at Ohio State is hosting a roundtable of election law experts, as we have previously. This time is to reflect on the 2022 midterms and consider key issues confronting our election… Continue reading

I just posted this book chapter on partisan gerrymandering, which will be part of the Oxford Handbook of American Election Law (coming out next year). Thanks to Gene Mazo for assembling and editing the volume and organizing terrific workshops for… Continue reading

Listen.

In my testimony to the House outlining different potential versions of an ISLT the Court might adopt, I mentioned a remedial version of such a doctrine.  Without endorsing it, I want to explain further what this version would mean. This… Continue reading

With the argument coming up next week in Moore v. Harper, I’ve thought more deeply about some of the less obvious legal issues underlying the case.  I plan to do a few posts on these issues. At least several Justices… Continue reading

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