Revised Version Available of My Paper on Direct Democracy Rights During a Pandemic, Taking Into Account Awful 6th Circuit Opinion from Tuesday

Draft here (paper is forthcoming in the University of Chicago Law Review Online). Abstract: Putting aside the Supreme Court’s controversial decision in Republican National Committee v. Democratic National Committee, the case over extending the date for receipt of absentee ballots … Continue reading

Share

Sixth Circuit, in Troubling Decision, Reverses District Court Decision Requiring Ohio to Accept Electronic Signatures for Initiative Petitions

You can find the per curiam opinion of the three-judge panel here. This opinion is troubling, and fits into a larger pattern of the court not protecting direct democracy during the pandemic. Indeed, I have this forthcoming piece in the … Continue reading

Share

“Federal judge overturns Michigan’s ballot access rule for independent candidates”

Detroit News: A federal district judge on Sunday overturned state law governing independent candidates’ access to the ballot and lowered the signature threshold for qualification in 2020.  Michigan Eastern District Judge Victoria Roberts ruled that the state’s ballot access requirements were “severely … Continue reading

Share

Arizona (So This May Have National Implications for 2020): “Libertarian Party tells Supreme Court state law keeps its candidates off ballot”

Tucson.com: The Arizona Libertarian Party is making a last-ditch effort to quash a state statute that it says was designed to keep its candidates off the ballot.In filings with the U.S. Supreme Court, attorney Oliver Hall from the Center for … Continue reading

Share

The Coming Constitutional Challenge to CA Requirement that Presidential (and Gubernatorial) Candidates Provide Tax Returns to Appear on the Primary Ballot: What’s Likely to Happen and When?

California Gov. Gavin Newsom has signed a bill requiring Presidential candidates (as well as gubernatorial candidates) to supply their tax returns if they want appear on the primary ballot. There is no question the Trump campaign or their allies, and … Continue reading

Share