“In a 4-4 Split, the Supreme Court Lets Pennsylvania Make Voting Easier—For Now; The decision signals that Amy Coney Barrett will cast the deciding vote in any upcoming election disputes.”

I have written this piece for Slate. It begins: After a very long delay in an emergency election case, the shorthanded United States Supreme Court came to a 4-4 tie in an election law case out of Pennsylvania on Monday evening. While … Continue reading

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Retired Judge Michael Luttig, in WaPo Oped, Suggests Judge Barrett, If Confirmed Would Likely Have to Recuse (under the Caperton Case) in Any Supreme Court Election Litigation

Judge Luttig: The majority declined to grapple with Roberts’s prescient question whether there is a principled difference between a case where a person has financially influenced a judge and one where the biasing influence is nonfinancial. But the majority’s evident … Continue reading

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“Supreme Court Speeds Up Case On Trump’s Push To Alter Census For House Seats”; But Still a Good Chance Trump Loses Case

NPR: The U.S. Supreme Court has granted the Trump administration’s request to speed up the appeal of a lower court ruling that is blocking the president’s attempt to exclude unauthorized immigrants from the census numbers used to reallocate seats in Congress.The move sets up … Continue reading

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In Defending Judge Barrett’s Non-Committal on Recusal in a Trump v. Biden Case, Ed Whelan Lies in Saying No One Questioned Whether Justice Ginsburg Would Have to Recuse in an Election-Related Case Given Her Comments About Trump

From this ABC report: If Judge Amy Coney Barrett is confirmed and seated by Nov. 3 or shortly after, she could participate in decisions about any election-related petitions. This week, Sen. Chris Coons, D-Del., said Barrett “made no commitment to … Continue reading

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In Unusual and Important Move, Democrats in Pennsylvania Voting Case Before Supreme Court Ask Court to Fully Resolve the Issues Before the Election. The Supreme Court Should Listen.

I wrote earlier today at Slate about the important case coming out of the Pennsylvania Supreme Court. Here’s part of what I wrote: The final argument that Republicans are advancing is the boldest and perhaps most dangerous one. The argument … Continue reading

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Breaking and Analysis: Without noted dissent, Supreme Court reverses 4th Circuit and says South Carolina voters still need to provide witness signatures to cast absentee ballots (except for those who already voted and ballots received within 2 days)

You can find the order here. As I explained today in Slate, “In South Carolina, a federal district court held that a requirement that those voting by mail obtain a witness signature unconstitutionally burdened voters’ rights during the pandemic, given … Continue reading

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“Trump’s New Supreme Court Is Coming for the Next Dozen Elections”

I have written this piece for New York. It begins: When Judge Amy Coney Barrett sits for questions before the Senate Judiciary Committee in mid-October, no doubt Democrats will pepper her with questions about whether she would recuse herself in any Trump v. Biden election lawsuit to come … Continue reading

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