So far this year, Republicans have introduced impeachment articles 13 times and censure resolutions — formal reprimands — six times, according to data from Quorum, which tracks legislative action. That combined total of 19 is more than any… Continue reading
This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I started with the Takings Clause here
. I’ll look… Continue reading
Michael Sozan at Center for American Progress
: “[E]ven though the Supreme Court jettisoned a sweeping version of the [independent state legislature] theory to the dustbin of history, the post-Moore v. Harper path is not without some degree of risk.… Continue reading
After House Speaker Kevin McCarthy suggested on national television last month that Donald Trump may not be the GOP’s best presidential nominee in 2024, the former president was furious — and wanted the California Republican to rectify… Continue reading
Democrats in Congress are making a fresh push for the nearly century-old Equal Rights Amendment to be enshrined in the Constitution, rallying around a creative legal theory in a bid to revive an amendment that would explicitly guarantee… Continue reading
This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I’ll start with the Takings Clause.
Lock-stepping is the sometimes-derided practice of construing a state constitution in “lock step” with the federal constitution. Derided, because the state constitution may well have an independent meaning rather than a meaning designed to mirror the federal constitution. The practice… Continue reading
Gov. Tony Evers, a former public school educator, used his broad partial veto authority this week to sign into law a new state budget that increases funding for public schools for the next four centuries.
The surprise move… Continue reading
I have written this piece
at Slate. It begins:
At the end of his majority opinion
for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading
Election law expert Richard L. Hasen says the U.S. Supreme Court has adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases.
Hasen,… Continue reading
As soon as I read Justice Kavanaugh’s concurring opinion in Moore v. Harper, I thought of Leah Litman
‘s scholarship on novelty and how Kavanaugh’s proposed rule, if it becomes law, would deter the growth of state constitutional law protecting… Continue reading
The following is a guest post from Mike Parsons, Senior Counsel at ERN
and Principal at Parsons Law PLLC
In this post, I offer some comments on what Moore v. Harper definitively resolved; why it’s time to move beyond… Continue reading