Category Archives: election subversion risk

Judge Griffin Ignores Justice Scalia’s Bush v. Gore Argument About Irreparable Harm in His Brief in 4th Circuit in Due Process Challenge to Attempt to Overturn Result of North Carolina Supreme Court Election

election subversion risk, judicial elections
You can read Judge Griffin’s brief at this link. It briefly cites Bush v. Gore, but completely ignores the main point about irreparable harm that Justice Scalia first flagged in his Bush v. Gore stay concurrence. See here.… Continue reading

In a 4-2 Opinion that Will Disenfranchise Military and Other Voters and Likely Overturn the Results of a Valid Election in Violation of Due Process, North Carolina Supreme Court Allows Griffin Election Contest to Go Forward, in Part

chicanery, election subversion risk, judicial elections, recounts
WRAL: Republican Judge Jefferson Griffin has won, in part, his effort to throw out thousands of voters’ ballots from the 2024 elections. On Friday the North Carolina Supreme Court rejected some of Griffin’s challenges but kept others alive, paving the… Continue reading

The Yale Journal Has Just Published My New Feature Article: “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”

election subversion risk, Supreme Court, The Voting Wars, Voting Rights Act
I am delighted that the Yale Law Journal has published my new Feature, The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law, 134 Yale L.J. 1673 (2025). I consider this among the most important work I’ve… Continue reading

President Trump Issues Dangerous Executive Order That Would Shift to Presidency More Power Over the Conduct of Federal Elections and Potentially Disenfranchise Millions of Voters

election administration, Election Assistance Commission, Election Meltdown, election subversion risk, Elections Clause, The Voting Wars
I am still making my way through this new Trump executive order on election administration (helpfully posted by Chris Geidner). There is a lot in here, but let me make four initial points as I still digest this. An executive… Continue reading

March 31 Safeguarding Democracy Project Webinar: “Combatting False Election Information: Lessons from 2024 and a Look to the Future”

cheap speech, election subversion risk
Looking forward to this (free registration required): Monday, March 31, 12:15pm-1:15pm PT, WebinarAlice Marwick, Director of Research, Data & Society, UNC Chapel Hill, Kate Starbird, University of Washington, and Joshua Tucker, NYU.Richard L. Hasen, moderator (Director, Safeguarding Democracy… Continue reading