Monthly Archives: December 2020

Must-read Lisa Manheim: “Texas can’t block votes cast in other states. Absurdly, it’s trying.”

December 9, 2020, 7:35 pmfraudulent fraud squad, Supreme CourtRick Hasen

Lisa Manheim in WaPo: The litigation is legally incoherent, factually untethered and based on theories of remedy that fundamentally misunderstand the electoral process. At the core, it is an uninspired retread of the many state-level claims that already have imploded… Continue reading

“What If We Wrote the Constitution Today? Proposals from libertarian, conservative, and progressive scholars displayed a few striking differences—but also some profound similarities”

December 9, 2020, 7:30 pmUncategorizedRick Hasen

Jeff Rosen: As the world’s oldest written constitution, the U.S. Constitution has been remarkably resilient. For more than 230 years, it has provided the foundation for America’s economic prosperity, political stability, and democratic debate. But during the past two centuries,… Continue reading

“Trump pressures congressional Republicans to help in his fight to overturn the election”

December 9, 2020, 5:52 pmUncategorizedRick Hasen

WaPo: President Trump is shifting his focus to Congress after the courts roundly rejected his bid to overturn the results of the election, pressuring congressional Republicans into taking a final stand to keep him in power.Trump’s push is part of… Continue reading

“Trump warns Georgia AG not to rally other Republicans against Texas lawsuit”

December 9, 2020, 4:59 pmchicanery, fraudulent fraud squadRick Hasen

AJC: President Donald Trump warned Georgia Attorney General Chris Carr not to rally other Republican officials against a long-shot Texas lawsuit seeking to toss out the state’s election results, according to several people with direct knowledge of the conversation.The… Continue reading

“Trump Asks Supreme Court To Let Him Join Widely Scorned Texas Election Lawsuit”

December 9, 2020, 4:54 pmUncategorizedRick Hasen

Nina Totenberg for NPR: Just how little legal support there is for the lawsuit is evidenced by who signed the briefs asking the high court to intervene. Trump’s brief was not signed by acting Solicitor General Jeffrey Wall or any… Continue reading

Jonathan Adler’s Helpful Post on the “Squirrelly Brief” Filed by 18 States Supporting Texas in Trying to Overturn Election Results, Trump’s Brief, and the Important Carter Phillips Brief

December 9, 2020, 3:49 pmUncategorizedRick Hasen

Read it here.

Carter Phillips Bipartisan Heavy Hitters Brief in Texas Case before SCOTUS: “the Constitution does not make this Court the multidistrict litigation panel for trials of presidential election disputes”

December 9, 2020, 2:32 pmUncategorizedRick Hasen

Great framing.

It Appears That Trump’s Motion to Intervene in Bogus Texas Lawsuit to Overturn the Result of the Election Was Ghost-Written By Lawyer for Texas

December 9, 2020, 2:28 pmchicanery, Supreme CourtRick Hasen

The Justices will not be amused: So the John Eastman brief for Trump was ghost-written by the guy who drafted Texas's brief that the Eastman brief supports?Oh my.The Supreme Court will not appreciate the sock-puppetry, especially in a case… Continue reading

“How the Supreme Court Can Swiftly Dispose of the Texas Lawsuit Seeking to Overturn the Election”

December 9, 2020, 1:15 pmSupreme CourtRick Hasen

Ilya Somin at Volokh: Yesterday, the state of Texas filed a lawsuit essentially asking the Supreme Court to reverse the outcome of the presidential election in four key swing states—Georgia, Michigan, Pennsylvania, and Wisconsin, thereby potentially giving Donald Trump a… Continue reading

“Trump’s Challenges to Election Results Face End of the Legal Road”

December 9, 2020, 11:07 amUncategorizedRick Hasen

Nicely done WSJ recap.

On a 4-3 Vote NOT on Party Lines, Michigan Supreme Court Rejects Latest Attempt to Litigate Over Presidential Election Results

December 9, 2020, 11:04 amUncategorizedRick Hasen

Very interesting and scholarly dispute between the concurring opinion by Justice Clement and dissenting opinion by Justice Viviano over how to properly adjudicate election disputes in Michigan. Maybe the legislature will weigh in with rules before 2024.

Another PA Case Bites the Dust, Leaving Only the Texas Case Challenging the State’s Results

December 9, 2020, 9:55 amUncategorizedRick Hasen

The latest.

A Sidney Powell Sleight-of-Hand on Claims of Manipulation of Electronic Voting Systems? (Or What Happened to the Keshavarz-Nia Statement)

December 9, 2020, 9:23 amfraudulent fraud squad, voting technologyRick Hasen

A reader passes along the following, which I have not had a chance to independently verify. Happy to hear any corrections or additions: Background:As you know, President Trump’s former attorney Sidney Powell filed her so-called “Kraken” lawsuits in district courts… Continue reading

Should Justice Barrett Have Recused Herself in the Rep. Kelly Emergency Petition Seeking to Throw Out Pennsylvania’s Electoral College Votes? What About in the Pending Texas Case?

December 9, 2020, 8:21 amSupreme CourtRick Hasen

I raise this as a question, as I am not an expert in judicial ethics. But I did think (and argued) that Justice Barrett should recuse in any Trump-related election litigation. Trump was not a party in t… Continue reading

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