Trump Summons Michigan Republican Legislative Leaders to Washington In Possible Attempt to Mess with Electoral College Vote: Should We Worry?

The Detroit News reports: The top two leaders in the Republican-controlled Michigan Legislature are expected to visit the White House Friday, according to a source with knowledge of the plans.The visits by Senate Majority Leader Mike Shirkey, R-Clarklake, and House Speaker … Continue reading

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Seriously Disturbing and Unprecedented: Trump Personally Reached Out to Wayne County Canvassers and Then They Attempted to Rescind Their Votes to Certify (After First Refusing to Certify)

AP: Getting nowhere in the courts, President Donald Trump’s scattershot effort to overturn President-elect Joe Biden’s victory is shifting toward obscure election boards that certify the vote as Trump and his allies seek to upend the electoral process, sow chaos … Continue reading

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My new one at The Atlantic: “Trump Needs Three Consecutive Hail Mary Passes; The president’s litigation strategy is unlikely to succeed, but it’s doing great harm in the meantime.”

I have written this piece for The Atlantic. It begins: Despite the clear math showing that Joe Biden has won the election, President Donald Trump has refused to concede. He has directed his legal team to keep on fighting to … Continue reading

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NYT: AG Barr’s Action on Election Investigation Prompts Leading Voter Fraud Attorney to Step Down From Role; Investigations Appear to Involve Allegations Unsupported By Evidence

NYT:  Attorney General William P. Barr, wading into President Trump’s unfounded accusations of widespread election irregularities, told federal prosecutors on Monday that they were allowed to investigate “specific allegations” of voter fraud before the results of the presidential race are … Continue reading

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I’ll Be Participating in an ABA Webinar on the Election Tomorrow: “November 3, 2020: The View from November 10”

Registration details: What will the legal landscape look like one week after Election Day? Predictions about election results vary from a peaceful count to disputed electors, protracted litigation, Congressional turmoil, and Supreme Court involvement. Existing laws, such as the Presidential … Continue reading

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“Trump would concede, work on peaceful transition if legal fight falls short, sources say, despite tweets”

Fox News: While President Trump insists on Twitter that ballots have been improperly counted and argues that President-elect Joe Biden‘s victory is premature, two sources told Fox News that Trump would concede and execute a peaceful transfer of power if his campaign’s legal challenges fall … Continue reading

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President Trump Tweets “STOP THE COUNT” While Behind in the Electoral College Count As His Campaign Brings Small Bore Lawsuits: What’s Trump’s End Game If Race Called for Biden?

Although things remain uncertain, it appears that Joe Biden could soon be declared by news organizations as the winner of the presidential race. This depends upon finishing the count in a number of key states including states where Trump is … Continue reading

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The Media’s Big Test Comes Election Night: With Huge Swings in Results Possible, Including a Possible 21-Point Swing in Pennsylvania from Trump +16 to Biden +5, The Message About Early Returns Must Be “Too Early to Call” Not That One Candidate is Leading in Early Returns

The pandemic has drastically shifted many people to voting by mail, but President Trump’s statements against voting by mail has created a partisan divide: more Democrats and independents are voting by mail and more Republicans are voting in person. Depending … Continue reading

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My New one in the Washington Post: “Kavanaugh has wild ideas about voting. They likely won’t matter on Election Day.”

I have written this new piece for WaPo’s PostEverything. It begins: Should we panic about Justice Brett M. Kavanaugh’s concurring opinion in the Wisconsin voting case that the Supreme Court decided Monday night? Does it mean that the Supreme Court is going … Continue reading

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“In a 4-4 Split, the Supreme Court Lets Pennsylvania Make Voting Easier—For Now; The decision signals that Amy Coney Barrett will cast the deciding vote in any upcoming election disputes.”

I have written this piece for Slate. It begins: After a very long delay in an emergency election case, the shorthanded United States Supreme Court came to a 4-4 tie in an election law case out of Pennsylvania on Monday evening. While … Continue reading

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