Monthly Archives: February 2022

“GOP takes mail voting to court in swing states Biden won “

February 5, 2022, 5:30 amabsentee ballots, UncategorizedRichard Pildes

From Politico: A pair of looming state court cases could significantly curtail mail voting ahead of the midterms — one of Republicans’ major goals since former President Donald Trump went to war against the practice in 2020.The state Supreme Courts… Continue reading

“How Liz Cheney could force voters to defend our foundational principles”

February 5, 2022, 4:52 amprimaries, UncategorizedRichard Pildes

From Barney Frank, on how Liz Cheney could bypass a Republican primary and compete in the general election: Rep. Liz Cheney (R-Wyo.) and the Democratic leadership have already done American democracy a major service by their mutually respectful cooperation… Continue reading

“Yale Kamisar, Known as the ‘Father’ of the Miranda Rule, Dies at 92”

February 5, 2022, 4:20 amUncategorizedRichard Pildes

This isn’t election-law related, but as a point of personal privilege, I want to highlight some parts of this excellent NYTimes Obituary of Yale Kamisar. Yale became my colleague when I began teaching at the University of Michigan Law School.… Continue reading

Could North Carolina Go to the Supreme Court, Arguing that the North Carolina Supreme Court in Requiring Redrawing of Congressional Districts Usurped North Carolina General Assembly’s Power?

February 4, 2022, 3:47 pmredistricting, Supreme CourtRick Hasen

From my tweet thread: Maybe this is crazy, but I could see Republicans appealing to SCOTUS, arguing that the state court ruling usurped the power of the state legislature to set the rules for congressional elections in Art. 1… Continue reading

“‘Trump Is Wrong,’ Pence Says of False Claim About Overturning Election”

February 4, 2022, 3:27 pmUncategorizedRichard Pildes

NYT: Former Vice President Mike Pence on Friday offered his most forceful rebuke of Donald Trump, saying that Mr. Trump is “wrong” that Mr. Pence had the legal authority to change the results of the 2020 election and that the… Continue reading

Breaking: North Carolina Supreme Court, on 4-3 Party Line Vote, Strikes Down Congressional and State Legislative District Plans in Violation of the State Constitution

February 4, 2022, 3:18 pmredistrictingRick Hasen

This result was anticipated given the court’s earlier rulings along these lines and the partisan split on the court. The court promises a more extensive opinion to follow. Of particular interest is this statement to guide the state legislature in… Continue reading

Alabama Urges a “Race-Blind” Theory of the VRA

February 4, 2022, 1:58 pmUncategorizedNicholas Stephanopoulos

Rick surveyed the Supreme Court filings in the Alabama VRA case. I wanted to flag that Alabama’s position is exactly the “race-blind” theory of the Voting Rights Act that Jowei Chen and I described (very much without endorsing) in our… Continue reading

How Should Democrats Respond to the GOP’s Censure of Cheney & Kinzinger?

February 4, 2022, 1:29 pmalternative voting systems, election subversion risk, political parties, UncategorizedNed Foley

I take the censure as further evidence that the Democratic Party, if it wants to protect small-d democracy, must try to save the Republican Party from itself. To have a functioning democracy, the United States needs a responsible right-of-center party,… Continue reading

“Five Best: Books on American Political Parties “

February 4, 2022, 11:06 ampolitical parties, UncategorizedRichard Pildes

From the WSJ. Chosen by Michael Kazin, the books are: The Idea of a Party System:The Rise of Legitimate Opposition in the United States, 1780-1840 By Richard Hofstadter (1969) Affairs of Party: The Political Culture of Northern Democrats in… Continue reading

“G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’”

February 4, 2022, 10:18 amUncategorizedRichard Pildes

NYT: The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” formally rebuking two lawmakers in the party who have been most outspoken in condemning the… Continue reading

The Institutional Context of the New GOP

February 4, 2022, 9:11 amalternative voting systems, election subversion riskNed Foley

Rick Pildes has highlighted the significance of the Axios story on the transformed Republican Party. I want to add one more point (which is a version of the question I plan to ask a lot this year): would it be… Continue reading

Analysis: In 2020 Pre-Election Litigation (Before Trump Tried to Overturn Election), Democratic and Voting Rights Organizations Ultimately Lost Election Law Cases “By a Ratio of More than 7 to 1”

February 4, 2022, 8:49 amelection administration, The Voting WarsRick Hasen

Even as someone who follows this litigation closely, I was astounded by this detailed analysis passed along by a knowledgeable reader: There is no question that the 2020 election gave rise to more litigation than any election in modern history. … Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:38 amelection subversion risk, UncategorizedRichard Pildes

From Ned Foley, at LawFare: The big fear from many liberals is that revising the Electoral Count Act (ECA), to prevent Congress from negating a Democratic presidential candidate’s valid victory in the way that Sen. Josh Hawley and Rep.… Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:25 amelection subversion riskNed Foley

Lawfare has posted an essay I’ve written on the essential role of federal courts in stopping election subversion by state officials and how this essential role fits in with ECA reform.