Politico reports that it may be: “Senators involved in the monthslong effort say they’re getting close to a deal. Their goal is passing legislation on the Electoral Count Act by the end of the year, well in advance of the… Continue reading

I have this updated piece at The Conversation on Electoral Count Act reform.

Josiah Daniel op-ed in the Dallas Morning News.

Josiah Daniel has posted this draft on SSRN. Here is the abstract: Inspired by the April 4, 2022 issuance of “Principles for ECA Reform” by the working group convened by the American Law Institute, this paper makes three points. First,… Continue reading

Politico’s Betsy Woodruff Swan & Kyle Cheney have a three-page memo from Vice President Mike Pence’s attorney Greg Jacob on January 5, 2021. It appears he’s responding to a six-page memo from John Eastman (which followed a shorter memo),… Continue reading

Rick P. has posted something that I’ve been puzzling over for a while, and I’m glad he did so: there’s a formal legal distinction between the “Legislature Thereof Clauses,” more popularly known as the “independent state legislature doctrine”… Continue reading

Thomas Berry of Cato and Genevieve Nadeau of Protect Democracy offer these ideas over at Lawfare.

Politico: As forces loyal to Donald Trump began calling on Mike Pence to single-handedly stop Joe Biden from becoming president, the then-vice president dashed off a request in late 2020 to his top lawyer: Just how much power… Continue reading

A book review from Kate Shaw, forthcoming in the Michigan Law Review: As the 2020 presidential election made clear, the Electoral College is a profoundly dangerous institution. American constitutional democracy survived that election and its aftermath, emerging battered and… Continue reading