The following is a symposium contribution from Ned Foley (Ohio State): The nation has a new president-elect, Joe Biden. Yet at the same time, there is no official president-elect, because the electoral process itself hasn’t yet reached that point. How can both … Continue reading
Category Archives: #2DaysOut
The following symposium contribution is from Jim Gardner (Buffalo): One week after the election, it now seems safe to say that Americans narrowly dodged the worst threat to liberal democracy since the outbreak of world war in 1939: a continuation of the … Continue reading
#2DaysOut: “Reflections from Philadelphia” (Tabatha Abu el-Haj) #2DaysOut: “Three Things on My Mind” (Guy-Uriel Charles) #2DaysOut: “How to Draw the Line on a State Legislature’s Electoral Power?” (Ned Foley) #2DaysOut: “Democracy or Authoritarianism?” (Jim Gardner) #2Days Out: My New One … Continue reading
I have written this piece for Slate (and part of the #2DaysOut symposium). It begins: Just count the damn votes.We are nearing the end of a ridiculous pandemic-laden election season, where we may hit record turnout despite the most blatant … Continue reading
The following is a symposium submission from Franita Tolson (USC): For many people, this particular election cycle feels very different than any in our lifetimes. Individuals are voting by mail in large numbers due to the COVID-19 pandemic. Nevertheless, courts … Continue reading
The following is a symposium contribution from Justin Levitt (Loyola L.A.): With three days left to cast ballots at the end (?) of a white-knuckle electoral process, there’s a remarkable amount to celebrate. As Michael McDonald chronicles, more than 91 … Continue reading
The following is a symposium contribution from Guy-Uriel Charles (Duke): First, if the election is close and it comes down to one or a few states, what are the legal issues that will come up that are not currently on … Continue reading
The following is a symposium contribution from Michael Morley (FSU): The 2020 general election has demonstrated several vulnerabilities of our presidential election process, as well as our electoral system more broadly. First, many states are ill-equipped to deal with a … Continue reading
The following is a symposium contribution from Pam Karlan (Stanford): There will be plenty of time later to write about the Elections Clause, the Electors Clause, the Purcell Unprinciple, and the mess that is the Electoral Count Act of 1887. … Continue reading
The following is a symposium contribution from Nick Stephanapoulos (Harvard): As the independent state legislature (ISL) argument has risen to prominence this past week, courts and commentators alike have assumed that it has the same force under both Article I … Continue reading
The following symposium contribution is from Sam Issacharoff (NYU): It would be easy to despair. A devastating pandemic, a bitterly polarized electorate, foreign interference, a president leading an assault on the foundations of electoral democracy, election-inspired violence, and vicious partisan … Continue reading
The following is a symposium contribution from Ned Foley (Ohio State): Here’s the hypo that’s bothering me: a state’s constitution vests the power to determine the “manner” of appointing the state’s presidential electors in the office of the state’s governor, … Continue reading
The following is a symposium contribution from Tabatha Abu el-Haj (Drexel): Let us hope that the likelihood that the election will turn on Pennsylvania is indeed low. Reputable state polling has consistently favored Joe Biden by small but significant margins … Continue reading
Rick Pildes and I have written this oped for CNN Opinion. It begins: Of all the concerns surrounding Election Day, one of the most important has received almost no attention.As law professors focused on election law and the law of … Continue reading
The following is a symposium contribution from Derek Muller (Iowa): I’ve been a strong proponent of the view—admittedly, not a view widely shared—that Congress, not courts, ought to be the final place to resolve presidential election disputes. The decision to … Continue reading
The following symposium contribution is from Jim Gardner (Buffalo): When I was born, in the waning years of the Eisenhower Administration, racial segregation was the law throughout the South. Women had available to them three occupations – secretary, nurse, and … Continue reading
The following symposium contribution is from Dan Tokaji (Wisconsin): It’s been an election year like no other. The COVID-19 pandemic has dramatically altered the way that we register and vote, in ways that will have lasting effects. The United States … Continue reading
I have asked a number of leading election law scholars to weigh in with thoughts on where we stand with the election and election law with two days left before Election Day. The prompt is broad, and the perspectives are … Continue reading
I’ve published closing reflections on where we are now, compared to the enormous concerns we had over the spring and summer, with running an election amidst the virus. The essay, entitled Amid Voting Fights, a Huge Expansion, is the WSJ’s … Continue reading