Category Archives: legislation and legislatures

“The Judges Have Too Much Power”

May 1, 2023, 7:38 pmlegislation and legislatures, Supreme CourtJustin Levitt

Molly Coleman with a bunch of suggestions for Congress that probably sounded like good ideas to various Court-watchers with very different political orientations in different eras, trying to impose the “passive virtues.” I’d add shadow docket reform, particularly in the… Continue reading

2021 Texas “CRT law” stops school projects to write legislators

May 1, 2023, 7:36 pmlegislation and legislatures, lobbyingJustin Levitt

The 74 with a report on the impact of the law on action civics (and the cutest version of lobbying).

“After the Oral Argument in Moore v. Harper”

April 26, 2023, 12:15 pmlegislation and legislatures, Supreme CourtRick Hasen

Michael Weingartner & Carolyn Shapiro have posted this draft on SSRN (forthcoming, U. Toledo L. Rev.). here is the abstract: The debate over the so-called independent state legislature theory (“ISLT”) is evolving. Some proponents of the theory have proposed a… Continue reading

“If Tennessee’s Legislature Looks Broken, It’s Not Alone; State legislatures around the country — plagued by partisan division, uncompetitive races and gerrymandering — reflect the current pressures on democracy.”

April 14, 2023, 8:41 amlegislation and legislatures, political polarizationRick Hasen

Michael Wines for the NYT: There are 99 legislators in the Tennessee House of Representatives, the body that voted on Thursday to expel two of its Democratic members for leading an anti-gun protest in the chamber. Sixty of them had… Continue reading

“The Court Is Likely to Reject the Independent State Legislature Theory; And that offers hope for American democracy”

April 14, 2023, 7:01 amlegislation and legislatures, Supreme CourtRick Hasen

Judge Luttig in The Atlantic.

“Feinstein, Under Pressure to Resign, Asks to Step Down From Judiciary Panel”

April 12, 2023, 7:20 pmlegislation and legislaturesRick Hasen

NYT: Senator Dianne Feinstein on Wednesday pushed back on calls for her resignation but asked to step away from the Judiciary Committee indefinitely while recovering from shingles, responding to mounting pressure from Democrats who have publicly vented concerns that she… Continue reading

“Expelled Democratic Lawmaker Is Sworn Back in to Tennessee House”

April 11, 2023, 7:23 amlegislation and legislaturesRick Hasen

NYT: Justin Jones, one of the two Black Democrats expelled from the Tennessee House of Representatives for leading a gun control protest on the House floor, was sworn back in to his seat on Monday in a swift rebuke to… Continue reading

Looks like Justin Jones could be back in the Tennessee legislature as soon as Monday

April 8, 2023, 1:44 pmlegislation and legislaturesJustin Levitt

There will eventually be a special election for House District 52, but in the meantime, the Tennessee Constitution allows the legislative body of the district’s county of residence to appoint an interim representative. And now the Nashville Metropolitan Council, the… Continue reading

Breaking: DC Circuit Decides Case About “Obstruct[ing]” “Official Proceedings” with Major Implications for Prosecution of January 6 Rioters for Invading U.S. Capitol, and Potentially Trump

April 7, 2023, 9:11 amelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

A divided three-judge panel of the D.C. Circuit, siding with almost all of the district court decisions considering the question, has held that some of those who invaded the U.S. Capitol on January 6, 2021 could be charged under a… Continue reading

Tennessee House Expels Two Members Over Gun Reform Protest

April 6, 2023, 5:54 pmlegislation and legislaturesJustin Levitt

There were three expulsion resolutions pending Thursday morning, based on three members (Justin Pearson, Justin Jones, and Gloria Johnson) leading gun violence reformers in a protest from the floor of the House chamber after they hadn’t otherwise been recognized… Continue reading

House Judiciary Subpoenas Former Manhattan Special Assistant DA Mark Pomerantz

April 6, 2023, 4:28 pmcampaign finance, chicanery, legislation and legislaturesJustin Levitt

Here’s the cover letter attached to the subpoena, explaining House Judiciary’s rationale for conducting a deposition. Pomerantz worked on the Trump investigation for the Manhattan DA’s office, resigned in protest when Trump was not charged earlier in DA Bragg’s tenure,… Continue reading

“Georgia lawmakers add to the growing list of bans on outside election funding”

April 5, 2023, 1:43 pmelection administration, election law biz, Election Meltdown, legislation and legislaturesJustin Levitt

NPR reports on the latest measures. The real kicker is the last sentence, though: “Georgia lawmakers declined to add the $4 million to replace the [backup power supply] equipment and many of Raffensperger’s other requests in either budget approved… Continue reading

“N.C. lawmaker flips parties, handing state GOP a veto-proof majority”

April 5, 2023, 1:42 pmlegislation and legislatures, political partiesJustin Levitt

Rep. Tricia Cotham becomes a Republican, in a district that apparently went 61-38 for Biden.

“Tennessee House moves to expel 3 Democrats after gun protest”

April 5, 2023, 7:51 amlegislation and legislaturesJustin Levitt

Stories from the AP, the Tennesseean, and Fox review the resolutions to expel three members of the Tennessee House for leading students in the gallery in chanting for gun reform, without being recognized to speak. (They’d apparently not… Continue reading