Monthly Archives: November 2020
#2DaysOut: “Voters Give Reason to Celebrate an Election That’s Not” (Justin Levitt)
The following is a symposium contribution from Justin Levitt (Loyola L.A.):
With three days left to cast ballots at the end (?) of a white-knuckle electoral process, there’s a remarkable amount to celebrate.
As Michael McDonald chronicles, more than… Continue reading
#2DaysOut: “Three Things on My Mind” (Guy-Uriel Charles)
The following is a symposium contribution from Guy-Uriel Charles (Duke):
First, if the election is close and it comes down to one or a few states, what are the legal issues that will come up that are not currently on… Continue reading
“Court Poised to Decide Presidential Election?”
#2DaysOut: “The Vulnerabilities and Indeterminacy of the Presidential Election Process” (Michael Morley)
The following is a symposium contribution from Michael Morley (FSU):
The 2020 general election has demonstrated several vulnerabilities of our presidential election process, as well as our electoral system more broadly. First, many states are ill-equipped to deal with a… Continue reading
#2DaysOut: “This Election Illustrates a Deeper Problem” (Pam Karlan)
The following is a symposium contribution from Pam Karlan (Stanford):
There will be plenty of time later to write about the Elections Clause, the Electors Clause, the Purcell Unprinciple, and the mess that is the Electoral Count Act of 1887.… Continue reading
#2DaysOut: “The Textual Problem with the Presidential Version of the Independent State Legislature Argument” (Nick Stephanopoulos)
The following is a symposium contribution from Nick Stephanapoulos (Harvard):
As the independent state legislature (ISL) argument has risen to prominence this past week, courts and commentators alike have assumed that it has the same force under both Article I… Continue reading
1888 Political Scientist: “The most complicated bit of governmental machinery which the modern world has to exhibit is that which is employed in the selection of the chief executive officer and his possible substitute for the United States”
John W. Burgess, writing in the 1888 Political Science Quarterly, recognized that the Electoral Count Act (adopted after the disputed 1876 election) provides unduly complex and contradictory set rules for choosing the president and gave too much power to the… Continue reading
“Conservative Supreme Court justices are threatening a post-election coup”
Larry Tribe and Steve Mazie Boston Globe oped.
#2DaysOut: “So Far” (Sam Issacharoff)
The following symposium contribution is from Sam Issacharoff (NYU):
It would be easy to despair. A devastating pandemic, a bitterly polarized electorate, foreign interference, a president leading an assault on the foundations of electoral democracy, election-inspired violence, and vicious partisan… Continue reading
#2DaysOut: “How to Draw the Line on a State Legislature’s Electoral Power?” (Ned Foley)
The following is a symposium contribution from Ned Foley (Ohio State):
Here’s the hypo that’s bothering me: a state’s constitution vests the power to determine the “manner” of appointing the state’s presidential electors in the office of the state’s governor,… Continue reading
“NRA Victory Fund” Super PAC Reported as Making Illegal $5,000 Contribution to Trump for President [Updated as Likely Reporting Error]
NRA Victory Fund is a super PAC that does not make campaign contributions. Yet there is now a $5,000 contribution listed to Trump for President.
Perhaps this is an error and it came from another fund. We’ll see.
UPDATE: A… Continue reading
#2DaysOut: “Reflections from Philadelphia” (Tabatha Abu el-Haj)
The following is a symposium contribution from Tabatha Abu el-Haj (Drexel):
Let us hope that the likelihood that the election will turn on Pennsylvania is indeed low. Reputable state polling has consistently favored Joe Biden by small but significant… Continue reading
Pildes and Hasen CNN Oped: “Out Biggest Election Day Concern”
Rick Pildes and I have written this oped for CNN Opinion. It begins:
Of all the concerns surrounding Election Day, one of the most important has received almost no attention.As law professors focused on election law and the law of… Continue reading