Category Archives: legislation and legislatures

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

“Representative Gerry Connolly staffers assaulted by man with bat at Virginia office”

May 15, 2023, 5:25 pmlegislation and legislaturesDerek Muller

Washington Post: A man wielding a metal baseball bat assaulted two staffers in the Fairfax City office of Rep. Gerald E. Connolly on Monday, then smashed windows and a computer in an apparent rage after learning that the lawmaker… Continue reading

United States Files Letter in Supreme Court Saying that Moore v. Harper Should Be Dismissed as Moot (This is the “Independent State Legislature” Case)

May 11, 2023, 9:45 amlegislation and legislatures, Supreme CourtRick Hasen

Brief for United States. Update: Common Cause takes the position the case is not moot and the Supreme Court can still decide it. It adds: “Although the Court has pending before it another petition for certiorari raising a similar question… Continue reading

Richard Bernstein: Time to Unanimously Dismiss Moore v. Harper on Jurisdictional Grounds

May 7, 2023, 6:23 pmlegislation and legislatures, redistricting, Supreme CourtRick Hasen

The following is a guest post from Richard Bernstein, who wrote an amicus brief supporting affirmance in Moore v. Harper but who expresses his own views here: Whatever your view of the Elections Clause issues in Moore v. Harper, the… Continue reading

“There’s only one way to fix gerrymandering (and it’s not through the courts)”

May 7, 2023, 4:44 pmlegislation and legislatures, redistrictingJustin Levitt

In The Hill, Grant Tudor and Beau Tremitiere highlight their report on the congressional single-member-district statute. I think various institutions in several states might want a word about the “only one way” in the headline (which op-ed columnists usually… Continue reading

“WA passed a ‘Voting Rights Act 2.0’ bill. Here’s what’s in it”

May 4, 2023, 8:48 pmlegislation and legislatures, Voting Rights ActJustin Levitt

Crosscut reviews adjustments to Washington’s state Voting Rights Act. These state VRAs are likely to become increasingly important – and as a bonus, are often more amenable to tweaks and updates than federal laws seem to be.

“Texas Republicans want power to overturn Harris County elections over mishaps at the polls”

May 2, 2023, 4:03 pmelection administration, election subversion risk, legislation and legislaturesJustin Levitt

The Houston Chronicle reports on the 6th of 7 bills targeting Harris County to pass the Texas Senate. This one allows the appointed secretary of state to order a new election in a county with more than 2.7 million people… Continue reading

“Billionaire backing effort to raise Ohio amendment threshold funded election deniers, Jan. 6 rally”

May 2, 2023, 4:01 pmdirect democracy, legislation and legislaturesJustin Levitt

The Ohio Capital Journal notes that one of the ostensible reasons for raising Ohio’s threshold to pass citizen-initiated constitutional amendments is to “keep powerful out-of-state interests from meddling with the Ohio Constitution” … and that a significant donor to the… Continue reading

Montana state legislator sues over censure

May 1, 2023, 7:47 pmelection law and constitutional law, First Amendment theory, legislation and legislatures, petition clause, political equalityJustin Levitt

The lawsuit filed today in state court by Rep. Zephyr – Montana’s first openly transgender lawmaker — and several of her constituents contends that her censure and subsequent barring from Capitol grounds violates the Montana state constitution. I’m still hoping… Continue reading

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