Rich Bernstein: “Protecting Elections Under U.S. v. Trump”
New at Society for the Rule of Law.
Category Archives: Supreme Court
Voting Groups File Brief in Ninth Circuit in AZ Documentary Proof of Citizenship for Registration Case (as Emergency Motion is Pending in SCOTUS in Case as Well)
The brief addresses Congress’s power to regulate presidential, and not just congressional, elections.
My Forthcoming Yale Law Journal Feature: “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”
I have written this draft, forthcoming this spring in Volume 134 of the Yale Law Journal. I consider it my most important law review article (or at least the most important that I’ve written in some time). It offers… Continue reading
RNC Filed Reply Brief after Midnight Last Night in SCOTUS Emergency Election Case from Arizona; Expect an Order within a Couple of Days
With this filing, briefing is now complete. The administrative deadline suggested to the Justices was July 22.
I expect the Justices are not going to grant the relief given the closeness to the election and its application of Purcell.… Continue reading
Where the Arizona proof of citizenship dispute might lead
Rick P. earlier noted that Republican National Committee v. Mi Familia Vota is pending for an emergency application for a stay before the Supreme Court. There are complicated issues about the procedural posture and the timing, including which way a… Continue reading
“Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson”
I have recently posted this draft on SSRN. From the abstract:
In the landmark case Trump v. Anderson, the Supreme Court unanimously held that states lack the unilateral power to exclude presidential candidates from the ballot on the basis… Continue reading
“Trump is poised to bypass his legal woes thanks to judges he appointed”
Politico: “Trump’s three Supreme Court picks formed a decisive bloc to declare presidents immune from prosecution for official conduct — freezing the charges he faces in multiple jurisdictions for trying to subvert the 2020 election and putting his New… Continue reading
“Global Perspectives on Judicial Politics and Democratic Backsliding”
A special issue of Law & Policy, edited by Michael Dichio and Igor Logvinenko. Here’s a description:
This Special Issue “Global Perspectives on Judicial Politics and Democratic Backsliding” includes ten articles by fifteen scholars, providing an in-depth analysis of the… Continue reading
“The Future of Press Freedom: Democracy, Law, and the News in Changing Times”
I was pleased to contribute a chapter to this project from the Knight First Amendment Institute:
“The Future of Press Freedom: Democracy, Law, and the News in Changing Times,” piloted by the Institute’s 2023-2024 Senior Visiting Research Scholars RonNell Andersen … Continue reading
The Free 2024 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials (7th Edition) is Now Available
You can download the free Supplement here. The Supplement is current through the Supreme Court’s October 2023 term ending July 2, 2024, and it includes edited versions of the U.S. Supreme Court’s decisions in Moore v. Harper and Trump… Continue reading
“Biden set to announce support for major Supreme Court changes”
Washington Post:
President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people… Continue reading
Introduction to: Richard L. Hasen, “States a Bulwarks Against, or Potential Facilitators of, Election Subversion” (in new Zelizer and Greenberg book)
In a couple of weeks, NYU Press will release Our Nation at Risk: Election Integrity as a National Security Issue (Julian E. Zelizer & Karen J. Greenberg eds. NYU Press 2024). It’s an impressive and important collection that I’m glad… Continue reading
Breaking: Judge Cannon Says Appointment of Special Counsel Was Unconstitutional, Dismisses Trump Documents Case
NYT reports:
In a stunning ruling, the judge, Aileen M. Cannon, found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation… Continue reading
Watch Archived Video of Supreme Court Term in Review Event Featuring Cary Franklin, Justin Levitt, Eugene Volokh, and Kimberly West-Faulcon (I Moderated) at Hammer Museum
This was a deep and provocative discussion, co-sponsored by the Safeguarding Democracy Project at UCLA Law. Watch.