Category Archives: legislation and legislatures

Separating Spin from Reality in the Supreme Court’s Moore v. Harper Case: What Does It Really Mean for American Democracy and What Does It Say About the Supreme Court?

June 27, 2023, 3:29 pmlegislation and legislatures, Supreme CourtRick Hasen

There’s a whole lot of spin out there about the Supreme Court’s 6-3 decision in Moore v. Harper concerning the scope of the “independent state legislature” theory. To hear some progressives tell it, the ISLT theory is dead and democracy … Continue reading

My New One at Slate: “There’s a Time Bomb in Progressives’ Big Supreme Court Voting Case Win”

June 27, 2023, 10:17 amlegislation and legislatures, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: It is indeed a cause for celebration that the United States Supreme Court, on a 6-3 vote in Moore v. Harper, rejected an extreme version of the “independent state legislature”… Continue reading

A few more quick thoughts on Moore

June 27, 2023, 9:08 amBush v. Gore reflections, election law and constitutional law, Elections Clause, legislation and legislatures, redistricting, UncategorizedFranita Tolson

Moore v. Harper, much like Allen v. Milligan, was a shocker for me. Given how the posture of the case had changed, I didn’t expect the justices to reach the merits. I’m glad they did. A few thoughts:1) In some… Continue reading

Breaking: Supreme Court Decides Moore v. Harper, Rejecting Maximalist Version of Independent State Legislature Theory But Giving Federal Courts a Chance to Second Guess Some State Rulings as “Transgressing the Ordinary Bounds of Judicial Review”

June 27, 2023, 7:18 amlegislation and legislatures, Supreme CourtRick Hasen

[This post has been updated.] You can find the ruling at this link. The United States Supreme Court, on a 6-3 vote, has adopted a compromise position on the meaning of the independent state legislature theory. The position of the… Continue reading

“Today’s Senate: Less debate, fewer votes and taking forever to do it”

June 24, 2023, 12:31 pmlegislation and legislaturesRick Hasen

Paul Kane for WaPo: The world’s greatest deliberative body, as senators like to call their club, is not living up to that moniker: they’re voting less often and taking longer to hold those roll calls, while debating the issues far… Continue reading

About That Black’s Law Dictionary Definition of Facilities Cited by Justice Alito in His WSJ Defense of Not Reporting the Free Ride on the Private Plane of a Billionaire Litigant…

June 22, 2023, 1:58 pmconflict of interest laws, legislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

In my earlier post on Justice Alito’s laughable defense that he did not have to report the free ride on the private plane because it was “hospitality … on …facilities” owned by a person, I noted that one of the… Continue reading

The Supreme Court’s ICWA decision may offer insight into the Legislature Thereof Clauses and the Electoral Count Reform Act

June 19, 2023, 5:43 amelectoral college, legislation and legislatures, Supreme CourtDerek Muller

Last week, the Supreme Court issued a decision in Haaland v. Brackeen regarding the constitutionality of the Indian Child Welfare Act. Hardly the stuff of election law. But two small parts of the opinion stood out to me. First, the… Continue reading

Read the Federal District Court Opinion Holding former VP Pence Did Not Have Speech or Debate Clause Immunity to Testify About Certain Election Subversion/January 6 Events

June 9, 2023, 4:48 pmelection subversion risk, legislation and legislatures, Speech or Debate ClauseRick Hasen

Still partially redacted, but now released. (Via Zoe Tillman)

Eighth Circuit holds legislative privilege prevents inquiry into legislative process, even for questions of racial discrimination in voting rights suit

June 6, 2023, 8:25 amlegislation and legislatures, Voting Rights ActDerek Muller

That’s the same headline I gave last month when the Fifth Circuit issued such a decision. Here’s the opinion in In re North Dakota Legislative Assembly. The opinion was written by Judge Colloton, joined by Judge Benton. An excerpt:… Continue reading

The Curious Failure to Cite to Rehnquist’s Bush v. Gore Concurrence and the Independent State Legislature Theory in 2004 Salazar Case; The Issue Was Clear to Justice Stevens’ Then-Clerk (and Now-CA Supreme Court Justice) Leondra Kruger

May 25, 2023, 5:01 pmBush v. Gore reflections, legislation and legislatures, Supreme CourtRick Hasen

As the independent state legislature theory remains in limbo in Moore v. Harper, I’ve thought back on Chief Justice Rehnquist’s dissent from denial of cert in Colorado General Assembly v. Salazar (2004) (a case that few other than Derek Muller… Continue reading

“One third of Oregon Senate now barred from reelection by walkout penalties”

May 19, 2023, 2:31 pmlegislation and legislaturesDerek Muller

Earlier this week, I blogged about three Oregon senators. That escalated quickly. From the Portland Tribune: One-third of all Oregon senators are now ineligible for another term following the 13th day of a Republican walkout in the Senate. Six… Continue reading

Fifth Circuit holds legislative privilege prevents inquiry into legislative process, even for questions of racial discrimination in voting rights suit

May 19, 2023, 4:54 amlegislation and legislatures, Voting Rights ActDerek Muller

The Fifth Circuit this week handed down its decision in La Union Del Pueblo Entero v. Abbott. This was a challenge to Texas’s SB 1 brought by organizations represented by the Elias Law Group. At issue was a discovery… Continue reading

“Cambodia Disqualifies Main Opposition Party Ahead of Election”

May 18, 2023, 4:17 amcomparative election law, legislation and legislatures, political partiesDerek Muller

New York Times: For the second consecutive parliamentary election, Cambodia has disqualified the country’s main opposition party, eliminating the only credible challenge to the ruling party of Prime Minister Hun Sen. The country’s National Election Commission on Monday refused… Continue reading

“3 senators apparently barred from reelection as Republican boycott of Oregon Senate continues”

May 16, 2023, 4:41 amlegislation and legislaturesDerek Muller

The Oregonian: Republicans continued their boycott of the state Capitol for a 10th day Monday, leading to the apparent disqualification of two Republicans and one Independent from reelection due to a new, voter-approved law. No Republicans nor Sen. Brian… Continue reading

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