Category Archives: legislation and legislatures

On Dems Choosing To Contest 6-Vote-Margin Iowa U.S. House Race in the House of Representatives Rather Than in Iowa Courts

December 3, 2020, 7:12 amlegislation and legislatures, recountsRick Hasen

This is something to watch: This raises some really interesting questions about the legitimacy of seeking a recount in a potentially more favorable forum (the Dem House rather than through the Iowa courts). The law certainly allows this route.A lot… Continue reading

“Iowa Democrat to challenge 6-vote loss in appeal in US House”

December 2, 2020, 1:37 pmlegislation and legislatures, recountsRick Hasen

AP: A Democratic congressional candidate in Iowa who trailed by six votes after a recount said Wednesday she will forgo further legal challenges in the state and instead appeal directly to the U.S. House for review.Rita Hart’s campaign had until… Continue reading

“Federal Court Review of State Court Interpretations of State Laws that Regulate Federal Elections: Debunking the ‘Independent State Legislature’ Notion Once and for all, and Keeping Federal Judges to Their Important but Limited Lanes”

December 1, 2020, 9:58 amlegislation and legislatures, Supreme CourtRick Hasen

Vik Amar has posted this draft on SSRN. Here is the abstract: In the weeks leading up to and following Election Day 2020, Republican litigants, taking cues from a minority group of Justices, asked federal courts to undo state election… Continue reading

Jack Rakove: Justice Ginsburg Got It Right (on the Meaning of “Legislature”)

October 22, 2020, 8:19 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from historian Jack Rakove of Stanford: As Rick Pildes (my fellow Cubs fan and Evanston IL high school grad) noted the other day, the Supreme Court’s recent ruling in the Pennsylvania voting case leaves… Continue reading

“How Outside Money Makes Governing More Difficult”

July 18, 2020, 4:54 pmcampaign finance, legislation and legislaturesRick Hasen

Mike Norton and Rick Pildes with a new ELJ piece: Little empirical attention has been paid to the possible relationship between the sources of money in campaigns and whether political parties within the legislature are more unified or fragmented.… Continue reading

“Covid-19 and Legislative Activity: A Cross-National Study”

July 3, 2020, 4:15 pmlegislation and legislaturesRick Hasen

New paper: Insufficient attention has been given to studying a vital organ jeopardized by covid-19: legislatures. Legislatures across the globe have been shut down or limited due to covid-19. In a comprehensive multidisciplinary study, exploring legislatures across 159 countries,… Continue reading

“With Move to Remote Voting, House Alters What It Means for Congress to Meet”

May 18, 2020, 7:50 amlegislation and legislaturesRick Hasen

NYT reports.

“House Democrats Back Changing Rules to Allow Remote Voting During Pandemic”

April 17, 2020, 8:12 amlegislation and legislaturesRick Hasen

NYT: Speaker Nancy Pelosi on Thursday threw her support behind a plan to allow House members to cast votes by proxy, conceding for the first time that the coronavirus pandemic that has forced Congress into an extended recess would… Continue reading

“Rand Paul Tests Positive for Covid-19, Fueling Anxiety in the Capitol”

March 22, 2020, 7:52 pmlegislation and legislaturesRick Hasen

NYT: Senate Republicans were struggling to salvage a more than $1 trillion economic rescue package to respond to the coronavirus crisis when they got the message on Sunday afternoon: One of their own had been walking around the Capitol with… Continue reading

“What Happens When Coronavirus Hits Congress? A pandemic like this could paralyze the government just when we need it most.”

March 13, 2020, 8:03 amlegislation and legislaturesRick Hasen

Garrett Graff for Politico.

“Virginia was home to the first gerrymander. It should also be the home of its solution.”

January 2, 2020, 1:31 pmlegislation and legislatures, political parties, redistrictingJustin Levitt

Sam Wang urges the new unilateral Democratic majority in Virginia to follow through on redistricting reform.

Quantitative election administration studies: early voting and polling place location

January 2, 2020, 1:30 pmelection administration, legislation and legislatures, political equality, The Voting WarsJustin Levitt

Two studies newly published in the latest issue of the American Economic Journal: Applied Economics series: Ethan Kaplan and Haishan Yuan, Early Voting Laws, Voter Turnout, and Partisan Vote Composition: Evidence from Ohio We estimate effects of early voting on… Continue reading

“The Single-Subject Rule: A State Constitutional Dilemma”

December 18, 2019, 1:10 pmlegislation and legislaturesRick Hasen

Richard Briffault has posted this draft on SSRN (forthcoming, Albany Law Review). Here is the abstract: Critics of the proliferation of omnibus legislation in Congress have suggested that state constitutions offer a potential solution. Forty-three state constitutions include some sort… Continue reading

“Dynamic Legislation”

August 14, 2019, 5:47 pmlegislation and legislaturesRick Hasen

Rebecca Kysar has posted this draft on SSRN (forthcoming, U, Pa. L. Rev.). Here is the abstract: To overcome congressional gridlock, lawmakers have developed devices that, under certain conditions, provide easier paths to policy change. Procedural mechanisms may eliminate the… Continue reading