Penn Live:
A group of conservative Pennsylvania lawmakers have filed suit against President Joe Biden and Gov. Josh Shapiro over their use of executive authority in election matters.
In the 33-page complaint filed on Thursday in U.S. Middle District Court,… Continue reading
New draft from Zachary Clopton (Northwestern) and Kate Shaw (Cardozo en route to Penn), forthcoming in the Wisconsin Law Review, is here, entitled Public Law Litigation and Electoral Time. Here’s the abstract:
Public law litigation is often politics by… Continue reading
Politico:
Ten Oregon Republican senators may face the end of their legislative careers for a six-week legislative walkout aimed at thwarting what they see as a radical Democratic agenda on guns, abortion and transgender health care.
The lawmakers are… Continue reading
The bulk of the analysis in Anderson v. Griswold, which held that Donald Trump can appear on the primary ballot in Colorado, has been a matter I’ve been puzzling this weekend. Most of the opinion is not essential to… Continue reading
Deep dive at WaPo:
The result of the country’s evolution has been a Senate that suffers from three fundamental imbalances, according to a Washington Post data analysis of population growth, demographic changes and shifts in voting patterns.
First, the disparities… Continue reading
NYT:
Democrats are planning to spend millions of dollars next year on just a few state legislative elections in Kansas, North Carolina, Kentucky and Wisconsin — states where they have little to no chance of winning control of a chamber.… Continue reading
Scott Kafker and Simon Jacobs have posted this draft on SSRN (forthcoming, Wake Forest Law Review). Here is the abstract:
There is a dangerous lack of clarity in the Supreme Court’s recent decision in Moore v. Harper, which held that… Continue reading
It is a challenge to find all of the various presidential eligibility challenges over the years. My scholarship cites some, but it’s hardly exhaustive. In 2016, I had an effort to keep a running list. And as I emphasized… Continue reading
If my blogging on this topic has a sense of déjà vu, my apologies. But we are in an intractable cycle of litigation on Section 3 that has a low likelihood of going anyplace. I think some cases will get… Continue reading
Ned and Rick H. have done an impressive job collecting some of the commentary over the last couple of weeks of challenges being filed, or anticipated to be filed, about Donald Trump and his eligibility under Section 3 of the… Continue reading
In 1868, when the Fourteenth Amendment (including its Section 3) was adopted, presidential elections looked something like this: Political parties gathered together in a convention to nominate candidates for president and vice president. State parties would then choose presidential electors… Continue reading
New Vik Amar piece, forthcoming in the Cato Supreme Court Review. Here is the abstract:
This Essay thoroughly analyzes the 2023 U.S. Supreme Court Moore v. Harper decision, examines how the ruling reflects (laudable) doctrinal movement by the various Justices,… Continue reading