Monthly Archives: August 2023

ELB Book Corner: Sam Issacharoff: “Faith in Democracy”

August 3, 2023, 6:19 amcomparative election law, ELB Book CornerRick Hasen

I am pleased to welcome Sam Issacharoff to ELB Book Corner, author of the new book, Democracy Unmoored. Here’s the final of four posts: According to most recent OECD survey data, in only 16 countries did more than… Continue reading

“Direct Democracy Backsliding? Quantifying the Prevalence and Investigating Causes 1960-2022”

August 3, 2023, 6:17 amdirect democracyRick Hasen

John Matsusaka has posted this draft on SSRN. Here is the abstract: Direct democracy backsliding occurs when a state alters its laws to hinder the use of initiatives and referendums. This study quantifies the prevalence of direct democracy backsliding over… Continue reading

“Lawsuit challenging Wisconsin’s legislative maps filed at the state Supreme Court”

August 3, 2023, 4:03 amredistrictingRick Hasen

Milwaukee Journal-Sentinel: A lawsuit aimed at rewriting Wisconsin’s legislative maps to favor Republicans less was filed Wednesday at the state Supreme Court, a day after the state’s highest court flipped to liberal control for the first time in years.… Continue reading

“Trump Election Charges Set Up Clash of Lies Versus Free Speech”

August 3, 2023, 3:59 amSupreme CourtRick Hasen

NYT: Already, Mr. Trump’s lawyers and allies are setting out the early stages of a legal strategy to counter the accusations, saying that Mr. Trump’s First Amendment rights are under attack. They say Mr. Trump had every right to… Continue reading

Torres-Spelliscy: “Why Trump’s First Amendment Defense is Likely to Fail: SCOTUS Won’t Buy It.”

August 3, 2023, 3:53 amelection subversion risk, Supreme CourtRick Hasen

The following is a guest post from Ciara Torres-Spelliscy: Donald Trump may wish to invoke the First Amendment to unravel the Special Counsel’s case against him related to January 6th. It won’t work. Here’s the short explanation of why… Continue reading

“Trump’s defense team casts Jan. 6 indictment as an attack on free speech”

August 2, 2023, 3:35 pmelection subversion risk, First Amendment theoryRick Hasen

Washington Times: University of California, Berkeley law professor John Yoo said free speech isn’t an all-encompassing right and some speech is criminal. “As a historical matter, this is the most important criminal prosecution that has ever been brought by the… Continue reading

Brandon Johnson: “Election Aggrandizement”

August 2, 2023, 3:31 pmlegislation and legislatures, Supreme Court, Voting Rights ActRick Hasen

The following is a guest post from Brandon Johnson, who begins as an Assistant Professor at the University of Nebraska on August 14: The Supreme Court received praise for two election law decisions issued in the waning weeks of its… Continue reading

ELB Book Corner: Sam Issacharoff: “Populism and Corruption”

August 2, 2023, 7:00 amcomparative election law, ELB Book CornerRick Hasen

I am pleased to welcome Sam Issacharoff to ELB Book Corner, author of the new book, Democracy Unmoored. Here’s the third of four posts: My previous posts outlined how the populist challenge to institutional authority and the demand for… Continue reading

My New One at Slate: “U.S. v. Trump Will Be the Most Important Case In Our Nation’s History”

August 1, 2023, 5:07 pmelection subversion riskRick Hasen

I have written this piece for Slate. It begins: Forget hush money payments to porn stars hidden as business expenses. Forget showing off classified documents about Iran attack plans to visitors, and then ordering the pool guy to erase… Continue reading

Breaking: Donald Trump Indicted for 2020 Election-Related Activities (Link to Indictment and Analysis to Come)

August 1, 2023, 2:35 pmelection subversion riskRick Hasen

Here is the indictment. (This post will be updated)

“Michigan prosecutors charge Trump allies in felonies involving voting machines, illegal ‘testing'”

August 1, 2023, 1:23 pmchicanery, election subversion risk, voting technologyRick Hasen

Politico: A former Republican attorney general candidate and another supporter of former President Donald Trump have been criminally charged in Michigan in connection with accessing and tampering with voting machines after the 2020 election, according to court records. Matthew DePerno,… Continue reading

“No Labels to GOP donors: We are your anti-Trump alternative”

August 1, 2023, 7:29 amthird partiesRick Hasen

Politico: The centrist group No Labels has targeted Republican donors disaffected with Donald Trump, pitching its unity ticket as a way to beat the former president without funding an entity assisting President Joe Biden. Such a strategy was confirmed by… Continue reading

“Trump Team Creates Legal-Defense Fund to Cover His Allies’ Bills”

August 1, 2023, 7:27 amconflict of interest lawsRick Hasen

NYT: Former President Donald J. Trump’s team is creating a legal-defense fund to handle some of the crush of legal bills stemming from the investigations and criminal indictments involving him and a number of employees and associates, according to two… Continue reading

“After Paying Lawyers, Trump’s PAC Is Nearly Broke”

August 1, 2023, 7:11 amcampaign financeRick Hasen

NYT: Former President Donald J. Trump’s political action committee, which began last year with $105 million, now has less than $4 million left in its account after paying tens of millions of dollars in legal fees for Mr. Trump and… Continue reading