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 to either electoral politics or legal advocacy overtime.

“In short, although Trump clearly lost the 2020 election litigation battle, he received more judicial support than generally realized. That and other factors may suggest rosier prospects for him in court battles over the 2024 election.”

Jamelle Bouie at the N.Y. Times offers a summary of efforts to reshape the ideological and political terrain for such conflicts before 2024.