Breaking: Supreme Court Agrees to Hear Case About Disclosure of Funders to Certain Nonprofit Organizations, With Implications That Could Lead Courts to Strike Some Campaign Finance Disclosure Laws

The Court’s order list is here. Here’s an earlier explanation from the Philanthropy Roundtable: For those following donor-privacy issues, there was an important development in the case known as Americans for Prosperity Foundation v. Becerra in mid-December. The current status of this litigation is … Continue reading

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Pennsylvania, Opposing Trump Effort to Expedite Consideration of One of Its Bonkers Election Challenges, Calls Argument About Trump’s Delay “Profoundly Incoherent”

The opposition also says this: The Trump Campaign threatens that “if this matter is not timely resolved, not only Petitioner, but the Nation as a whole may suffer injury from the resulting confusion.” Motion at 5. But it is the … Continue reading

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Derek Muller Lays Out THE Conservative Case Against Texas’s Bizarre Suit to Steal the Election for Trump at the Supreme Court

Derek at Law & Liberty: The Electoral College is a designedly decentralized process for the selection of the President of the United States. Each State may choose its presidential electors in the manner that the legislature deems appropriate.The State of … Continue reading

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Trump Campaign Files Ridiculous New Expedited Cert Petition, Seeking Supreme Court Order to Overturn PA Election Results, Relying on Fake Electors for Trump from PA as Reported by the Epoch Times

John Eastman should be ashamed of this petition for cert and motion to expedite. I won’t go through all of the ridiculous things here, but this is an attempt to challenge PA Supreme Court cases in October and mid-November. There … Continue reading

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“New Supreme Court filing includes blatantly wrong information about Michigan”

Detroit Free Press: A long-shot legal effort relying on conspiracy theories and inaccurate analyses to argue President Donald Trump actually won Michigan included additional blatantly false information in a new filing with the U.S. Supreme Court this week. The legal team, including attorney Sidney Powell, told the … Continue reading

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Michigan: “State, company officials dispute report claiming Antrim County tabulators bungled results”

Detroit Free Press: State officials are disputing a report on Antrim County’s voting equipment — signed by a consultant who confused Michigan and Minnesota voting districts in an earlier election analysis — that says the county’s equipment “is intentionally and purposefully designed with … Continue reading

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Breaking: Supreme Court Will Not Hear Kansas Case (Formerly Known as Fish v. Kobach) Striking Down Law Requiring Documentary Proof of Citizenship Before Registering to Vote

This is great news. No noted, dissents, and Justice Gorsuch did not participate (perhaps he dealt with the case earlier on the 10th Circuit). In my book Election Meltdown, I talked about how the trial in the case was the … Continue reading

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“Deciphering, rewriting, and potentially retitling Justice Alito’s separate statement in Texas v. Pennsylvania”

Howard Bashman: Thanks to everyone who has taken time to respond to my tweet from last night seeking views on whether yesterday evening’s U.S. Supreme Court order was unanimous in rejecting Texas’ effort to overturn the outcome of the 2020 presidential election or was instead … Continue reading

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“In Blistering Retort, 4 Battleground States Tell Texas to Butt Out of Election”

NYT: In blistering language denouncing Republican efforts to subvert the election, the attorneys general for Pennsylvania, Michigan, Wisconsin and Georgia asked the Supreme Court on Thursday to reject a lawsuit that seeks to overturn the victories in those states by President-elect Joseph … Continue reading

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Pennsylvania Skewers Texas in Supreme Court Filing in Which Texas Seeks to Overturn Election Results in 4 States (including PA)

From the filing: Since Election Day, State and Federal courts throughout the country have been flooded with frivolous lawsuits aimed at disenfranchising large swaths of voters and undermining the legitimacy of the election. The State of Texas has now added … Continue reading

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Must-read Lisa Manheim: “Texas can’t block votes cast in other states. Absurdly, it’s trying.”

Lisa Manheim in WaPo: The litigation is legally incoherent, factually untethered and based on theories of remedy that fundamentally misunderstand the electoral process. At the core, it is an uninspired retread of the many state-level claims that already have imploded since Nov. … Continue reading

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It Appears That Trump’s Motion to Intervene in Bogus Texas Lawsuit to Overturn the Result of the Election Was Ghost-Written By Lawyer for Texas

The Justices will not be amused: So the John Eastman brief for Trump was ghost-written by the guy who drafted Texas's brief that the Eastman brief supports?Oh my.The Supreme Court will not appreciate the sock-puppetry, especially in a case with … Continue reading

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Should Justice Barrett Have Recused Herself in the Rep. Kelly Emergency Petition Seeking to Throw Out Pennsylvania’s Electoral College Votes? What About in the Pending Texas Case?

I raise this as a question, as I am not an expert in judicial ethics. But I did think (and argued) that Justice Barrett should recuse in any Trump-related election litigation. Trump was not a party in the ridiculous Kelly … Continue reading

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Breaking: Without Noted Dissent, Supreme Court Denies Relief in Rep. Kelly PA Voting Case That Sought to Disenfranchise State’s Voters (This is The One I Said Had the Dumbest SCOTUS Argument I’ve Ever Seen)

Justice Alito referred it to the whole Court. Earlier: Perhaps the Dumbest Argument Ever Made in Emergency Petition to the Supreme Court Appears in Pennsylvania Election Case Anyone who thought that the Supreme Court was going to save Trump in … Continue reading

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Texas Asks Supreme Court for Permission to Sue Georgia, Pennsylvania, Michigan, and Wisconsin Over How They Conducted the Election, To Disenfranchise Voters in These States and Let State Legislators Choose Electors. It Won’t Work

I may need to take back what I said about Rep. Kelly’s PA suit being the dumbest case I’ve ever seen filed on an emergency basis at the Supreme Court. This new one from the indicted Texas AG Ken Paxton … Continue reading

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Super Interesting: In Rep. Kelly’s Case Seeking to Overturn PA Results for President, Brief from PA Republican Party Does NOT Support Argument Election Should Be Overturned

This brief is so interesting. It does not even address the main argument made in Rep. Kelly’s brief that the PA Legislature acted unconstitutionally in passing its absentee voting law. I’ve explained it’s a nonsense argument, but it’s the one … Continue reading

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As Path to Overturn Pennsylvania Election Results Closes Completely, Trump Campaign Apparently Abandons Seeking Supreme Court Emergency Relief in Third Circuit Case

Philadelphia Inquirer: If its fate had not been abundantly clear already, President Donald Trump’s dream of having Pennsylvania’s GOP-controlled legislature overturn the state’s election results received what appeared to be its final death blows Thursday with a late-night order from … Continue reading

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Justice Alito Slow-Walks Rep. Kelly’s Pennsylvania Emergency Petition, Requiring a Response from the State on Dec. 9, After the Safe Harbor Deadline: What Does It All Mean?

Although it is not yet reflected on the docket, Justice Alito has reportedly set a deadline of December 9 for the state of PA to respond to Rep. Kelly’s petition seeking to nullify the vote in Pennsylvania (a petition I … Continue reading

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Rep. Kelly Has Apparently Withdrawn His Emergency Request for a SCOTUS Injunction to Reverse Pennsylvania Results, As He Awaits PA Supreme Court Ruling on Stay

From the opposition to the stay request filed in the PA Supreme Court: Once again, Petitioners are asking the courts to take expedited action in response to an emergency of Petitioners’ own making. This Court dismissed the Petition for Review … Continue reading

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Unanimous 4th Circuit Panel Applies “Presumption of Good Faith” in Upholding 2018 North Carolina Voter ID Law, Despite Finding That 2013 Voter ID Law Was Passed with Racially Discriminatory Intent

You can find the 29-page opinion at this link (via WRAL). The opinion leans heavily on the Supreme Court’s use of a presumption of legislative good faith in Abbott, despite an earlier history of racially discriminatory conduct. I recently wrote … Continue reading

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“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”

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

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My New New York Times Oped Argues We Should Worry Less About Whether Trump Can Steal the Election (He Can’t); Worry More About the Damage Being Done to Voting Rights and the Legitimacy of our Election System and Democracy

I have written this piece for the NY Times. It begins: Even as the campaign lawsuits brought by President Trump over the 2020 election enter their death throes, many people continue to worry that Mr. Trump will find three Republican legislatures … Continue reading

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