Monthly Archives: February 2023

Mikhail on James Wilson on ISLT

February 7, 2023, 7:18 amUncategorizedRick Hasen

John Mikhail has some interesting analysis in a post on James Wilson over at Balkinization: The Independent State Legislature Theory In light of current events, another pertinent topic is the Elections Clause. Its crucial word, generating the challenge in Moore v.… Continue reading

#ELB20th: Coming Soon: Reflections on ELB’s 20th Anniversary

February 7, 2023, 6:28 am#ELB20thRick Hasen

Anyone remember this? Twenty years is a long time for anything, especially a blog. The first post appeared on February 18, 2003, and it looked like this: Starting in the middle of this month, ELB contributors and friends of… Continue reading

A practical reason for the North Carolina Supreme Court to expedite rehearing of its partisan gerrymandering decision

February 6, 2023, 10:35 amlegislation and legislatures, Supreme CourtDerek Muller

I appreciate Rick H.’s perspective on the issue of potential mootness in Moore v. Harper. Indeed, I think if the North Carolina Supreme Court reverses its partisan gerrymandering decision, it’s hard to think that even a malleable doctrine like “capable… Continue reading

My New one @Slate: “Unfortunately, the Biggest Election Case of the Supreme Court Term Could Be Moot”

February 6, 2023, 7:36 amlegislation and legislatures, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: Will a power grab by the new Republican majority on North Carolina’s Supreme Court—ostensibly to reverse a power grab by the earlier Democratic majority on North Carolina’s Supreme Court—deprive conservatives on… Continue reading

“Inside Harvard’s misinformation meltdown”

February 6, 2023, 7:33 amcheap speechRick Hasen

Ben Smith and Louise Matsakis for Semafor: Joan Donovan, Research Director of the Shorenstein Center on Media, Politics and Public Policy, is a defining and combative voice in the study of how false information travels on the internet. She became… Continue reading

“Election skeptics slow to get sweeping changes in GOP states”

February 6, 2023, 7:29 amfraudulent fraud squadRick Hasen

AP: Republicans in some heavily conservative states won their campaigns for secretary of state last year after claiming they would make sweeping changes aimed at keeping fraud out of elections. So far, their efforts to make good on their promises… Continue reading

“As G.O.P. Rails Against Federal Spending, Its Appetite for Earmarks Grows”

February 6, 2023, 7:22 amlegislation and legislaturesRick Hasen

NYT: Even as Republicans, newly empowered after taking control of the House, call for deep government spending cuts and accuse Democrats of profligacy with taxpayer dollars, a growing number of them have joined Democrats in helping themselves to larger amounts… Continue reading

“Kari Lake, Still Refusing to Accept Defeat in One Race, Teases Arizona Senate Run”

February 5, 2023, 4:42 pmfraudulent fraud squadRick Hasen

NYT: Kari Lake, the fiery former news anchor who narrowly lost a race for governor of Arizona last year, said in an interview that she is considering a Republican campaign for the U.S. Senate in Arizona next year. She has… Continue reading

“Democrats Overhaul Party’s Primary Calendar, Upending a Political Tradition”

February 4, 2023, 9:02 pmpolitical parties, primariesRick Hasen

NYT: Upending decades of political tradition, the Democratic National Committee on Saturday approved a sweeping overhaul of the Democratic primary process, a critical step in President Biden’s effort to transform the way the party picks its presidential nominees. For years,… Continue reading

“Do We Need to Party Better to Fix U.S. Democracy?”

February 4, 2023, 7:58 ampolitical parties, political polarizationNew ScholarshipTabatha Abu El-Haj

Didi Kuo and I recently spoke with Daniel Stid, Executive Director of Lyceum Labs about our recent article, Associational Party Building: A Path to Rebuilding Democracy. Daniel pushed us on the questions such as whether we are calling… Continue reading

Henry Olsen WaPo Oped: “Republicans have a big Kari Lake problem”

February 4, 2023, 7:35 amfraudulent fraud squadRick Hasen

Olsen column: Attend a Kari Lake rally, as I did Sunday night, and you will see why so many conservatives will follow her to the ends of the Earth. Lake has star power. She lights up a stage and can… Continue reading

Breaking: North Carolina Supreme Court Grants Rehearing in Case Striking Down Congressional Districts as a Partisan Gerrymander, Potentially Mooting U.S. Supreme Court’s Independent State Legislature Case, Moore v. Harper

February 3, 2023, 3:46 pmjudicial elections, legislation and legislatures, redistricting, Supreme CourtRick Hasen

On a 5-2 vote along party lines, the North Carolina Supreme Court has granted rehearing to reconsider its decision striking the state’s congressional districts as unconstitutional partisan gerrymanders under the state constitution. It is also considering the state districts as… Continue reading

“Trump campaign staff on 2020 election lies: ‘fan the flame'”

February 3, 2023, 7:19 amfraudulent fraud squadRick Hasen

AP: A newly released audio recording offers a behind-the-scenes look at how former President Donald Trump’s campaign team in a pivotal battleground state knew they had been outflanked by Democrats in the 2020 presidential election. But even as they acknowledged… Continue reading

“Did Kansas criminalize voter registration drives? Supreme Court weighs election law case”

February 3, 2023, 7:09 amThe Voting WarsRick Hasen

Topeka Capital-Journal: Voter advocacy organizations are asking the Kansas Supreme Court to block a new state law that they argue criminalizes voter registration drives, despite lower courts rejecting the argument. The justices of the state’s high court indicated in Wednesday’s… Continue reading