Monthly Archives: December 2021

“‘A real fight for our existence’: Massachusetts GOP spirals in Baker exit”

December 5, 2021, 6:27 pmpolitical parties, political polarization, primariesTabatha Abu El-Haj

Moderate Republicans struggling to stay in office given party primary dynamics is not exactly news. Still, this Politico article on the Republican Party in Massachusetts is worthwhile. “Republicans [in Massachusetts] have clung to relevancy in this bluest of blue state… Continue reading

“After Success in Seating Federal Judges, Biden Hits Resistance”

December 5, 2021, 6:13 pmUncategorizedTabatha Abu El-Haj

N.Y. Times‘ Carl Hulse offers an update on where the Biden administration efforts to appoint federal judges stand. “In contrast to the administration’s struggle on its legislative agenda, the lower-profile judicial push has been one of the highlights of… Continue reading

Must-Read Ben Ginsberg: “Republicans in Congress Should Update the Electoral Count Act Before It’s Too Late”

December 5, 2021, 8:50 amelection subversion risk, electoral collegeRick Hasen

Great Ben Ginsberg piece in NRO: Donald Trump should want the Electoral Count Act of 1887 amended. And he should want it done even though his some of his Democratic opponents may want the same thing.Designed to govern Congress’s… Continue reading

Pope Francis worries about future of democracy

December 5, 2021, 6:29 amUncategorizedTabatha Abu El-Haj

Reuters “Pope Francis appealed on Saturday for a return to ‘good politics.’ saying democracy has deteriorated dangerously as discontented people are lured by the ‘siren songs’ of populist politicians who promise easy but unrealistic solutions.”

Republican Legislative Efforts to Curb the Vote Ongoing

December 5, 2021, 6:24 amUncategorizedTabatha Abu El-Haj

Nick Corasaniti at the N.Y. Times is predicting that 2022 will bring even more efforts by Republican-led legislatures to make voting harder. “After passing 33 laws of voting limits in 19 states this year, Republicans in at least five states… Continue reading

“Trump’s judicial campaign to upend the 2020 election: A failure, but not a wipe-out.”

December 5, 2021, 6:18 amchicanery, election subversion riskTabatha Abu El-Haj

Russell Wheeler, Brookings Institute Wheeler shows that while “Trump’s election litigation efforts failed decisively[,] . . . more judges than is generally assumed found his lawyers’ arguments persuasive.” The key point is that judicial independence is unlikely to be impervious… Continue reading

“Lawyers Risk Their Law Licenses Helping Smarmy Politicians”

December 5, 2021, 5:59 amchicaneryethics reformsTabatha Abu El-Haj

Professor Ciara Torres-Spelliscy writes, in the Washington Monthly, about the hard lessons currently being learned by the lawyers who peddled the Big Lie in court. More than just an update on the sanctions that have already been dispensed, Torres-Spelliscy… Continue reading

Reforms to Electoral Count Law On Table, Maybe

December 4, 2021, 6:52 amelection subversion risk, electoral college, Fixing Election AdministrationJan 6 CommitteeTabatha Abu El-Haj

N.Y. Times Members of the congressional committee investigating the Jan. 6 attack at the Capitol are pressing to address ambiguities in “the complex and little-known law that former President Donald J. Trump and his allies tried to use to overturn… Continue reading

“NC judges won’t block primary election preparation over redistricting cases”

December 3, 2021, 3:21 pmredistrictingpartisan gerrymander, state courtsTabatha Abu El-Haj

News and Observer The three-judge panel in North Carolina charged with reviewing the challenge to the state’s new maps refused today to grant a preliminary injunction blocking the congressional and legislative maps approved last month . The decision can and… Continue reading

Texas’ bid to dismiss challenge to its maps fails

December 3, 2021, 2:57 pmredistricting, Voting Rights ActTabatha Abu El-Haj

Three-judge district court panel rejects Texas’ preposterous argument that VRA precludes private enforcement of Section 2. I love the wry sarcasm, “it would be ambitious indeed for a district court-even a three judge court-to deny a private right of action… Continue reading

Lawfare to consolidate significant Jan. 6 developments in one place

December 3, 2021, 10:50 amelection subversion riskJan. 6Tabatha Abu El-Haj

A big thank you to Lawfare, which has announced its new initiative to consolidate information and developments arising out of the Jan. 6 attack on the Capitol and democracy. “Lawfare is launching The January 6 Project, which compiles Lawfare’s coverage,… Continue reading

Breaking–“Washington Supreme Court declines to redraw political maps, accepts redistricting commission’s work”

December 3, 2021, 10:41 amredistrictingindependent redistricting commissionsTabatha Abu El-Haj

Seattle Times “The Washington Supreme Court will not exercise its authority to redraw the state’s congressional and legislative district maps, leaving in place the work of the bipartisan redistricting commission.In a unanimous ruling Friday, the court found the commission had… Continue reading

“Eastman takes the Fifth with Jan. 6 committee”

December 3, 2021, 10:28 amchicanery, election subversion risk, fraudulent fraud squadRick Hasen

Politico: John Eastman, the attorney who helped former President Donald Trump pressure then-Vice President Mike Pence to overturn the 2020 election, has asserted his Fifth Amendment right against self-incrimination, according to a letter he delivered to the Jan. 6 committee… Continue reading

Supreme Court’s decision in Dobbs likely to shake up state elections in 2022.

December 3, 2021, 6:04 amUncategorizeddemocratic responsiveness, mobilization, state politicsTabatha Abu El-Haj

The Washington Post correctly notes the electoral implications of the forthcoming decision to gut Roe v. Wade. “Now, normally low-profile state legislative races and less-prominent gubernatorial contests suddenly hold the potential to become national flash points in the polarizing debate,… Continue reading