The Colorado trial court hearing the challenge to Trump’s qualifications scheduled a five-day hearing
to begin October 30 to adjudicate the claim. Does such a hearing pass scrutiny under the Anderson-Burdick balancing test?
I’ve been surprised at how little I’ve… Continue reading
It’s hard not to read the brief
in Colorado and wonder how in the world these claims are going to proceed in a state trial court.
Here’s one statement that’s contrary to a hundred years of state practice, and offered… Continue reading
Rick H. linked to the complaint
filed in Minnesota challenging Donald Trump’s eligibility. Setting aside the ripeness issues present in this challenge (like so many already filed), I wanted to dig into some of the history in Minnesota. There’s a… Continue reading
‘s “The Tilt:”
The early polls show
Donald J. Trump and President Biden tied nationwide. Does that mean Mr. Trump has a clear advantage in the battleground states that decide the Electoral College?
It’s a reasonable question, and one… Continue reading
, I was skeptical of the legal claims in Anderson v. Griswold, the Section 3 challenge filed in state court in Colorado. Now I can be skeptical of Donald Trump’s effort to remove the case to federal court
… Continue reading
If my blogging on this topic has a sense of déjà vu, my apologies. But we are in an intractable cycle of litigation on Section 3 that has a low likelihood of going anyplace. I think some cases will get… Continue reading
Ned and Rick H. have done an impressive job collecting some of the commentary over the last couple of weeks of challenges being filed, or anticipated to be filed, about Donald Trump and his eligibility under Section 3 of the… Continue reading
In 1868, when the Fourteenth Amendment (including its Section 3) was adopted, presidential elections looked something like this: Political parties gathered together in a convention to nominate candidates for president and vice president. State parties would then choose presidential electors… Continue reading
Rick H. links
to a forthcoming article
by Professors Michael Stokes Paulsen and Will Baude on Section 3 of the Fourteenth Amendment, and specifically the application of that section to former president Donald Trump. I am sure the paper will… Continue reading
Washington Post, January 5, 2016
“Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” Trump said when asked… Continue reading
A lawyer allied with President Donald J. Trump first laid out a plot to use false slates of electors to subvert the 2020 election in a previously unknown internal campaign memo
that prosecutors are portraying as a crucial link… Continue reading
The big picture: The split
between Biden’s team and Elias — who had represented the DNC since 2009 — reflects a larger fight within the party on the best legal approach to expand and protect voting rules.
Elias… Continue reading
Danielle Allen in WaPo
, on gerrymandering and the electoral college: “I’ve been going on for many moons about the need
to grow the House of Representatives
. But there are still two major arguments left for why this is… Continue reading
: “Michigan Attorney General Dana Nessel charged 16 Republicans who falsely claimed to be the state’s 2020 presidential electors with forgery and other felonies Tuesday, bringing the first criminal prosecution against Trump electors as investigations over attempts to overturn… Continue reading