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When Was Judge Posner Right on Voter ID and Crawford?

October 28, 2013, 11:15 amelection administration, The Voting WarsRick Hasen

He was wrong the first time, right the second time, and wrong the third time.

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← “More on Judge Posner’s (Now Disavowed?) Mea Culpa on Voter ID Laws” Judge Posner Splits Hairs Ever More Finely →

Election Law Blogger

Rick Hasen

Professor of Law and Political Science
University of California, Irvine School of Law

Contributors

Tabatha Abu El-Haj

Professor of Law, Drexel University Thomas R. Kline School of Law
@tabathaabuelhaj
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Sam Bagenstos

Frank G. Millard Professor of Law, University of Michigan (on leave)
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Bruce E. Cain

Professor of Political Science, Stanford University
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Guy-Uriel E. Charles

Charles J. Ogletree Jr. Professor of Law, Harvard Law School

Edward B. Foley

Ebersold Chair in Constitutional Law, The Ohio State University
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Heather K. Gerken

Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
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Abbe Gluck

Alfred M. Rankin Professor of Law at Yale Law School (on leave)
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Anita Krishnakumar

Professor of Law, Georgetown University Law Center
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Justin Levitt

Professor of Law at LMU Loyola Law School, Los Angeles (on leave)
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Derek T. Muller

Bouma Fellow in Law and Professor of Law, University of Iowa College of Law
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Spencer A. Overton

Professor of Law,
The George Washington University Law School
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Nate Persily

James B. McClatchy Professor of Law, Stanford Law School
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Richard H. Pildes

Sudler Family Professor of Constitutional Law, NYU School of Law
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Nicholas Stephanopoulos

Kirkland & Ellis Professor of Law, Harvard Law School
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Dan Tokaji

Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
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Franita Tolson

Vice Dean for Faculty and Academic Affairs and Professor of Law at USC Gould School of Law
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Recent Books by Rick Hasen

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics--and How to Cure It (Yale University Press, forthcoming 2022)

Election Law–Cases and Materials

Election Law–Cases and Materials

Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

Election Meltdown

Election Meltdown book cover

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy
(Yale University Press, 2020)

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations (2d ed. Wolters Kluwer, 2020)

Recent ELB Podcast Episodes

The ELB Podcast

The ELB Podcast

Season 3, Episode 3: Guy Charles: Race and Election Law in Today's United States

Season 3, Episode 2: Brad Raffensperger & Isabel Longoria: The Risk of Election Subversion
Season 3, Episode 1: Nate Persily: A Redistricting Season Like No Other

More podcast episodes ›

Recent Op-Eds & Commentaries by Rick Hasen

Here’s What Congress Can Do to Keep the Next Trump from Stealing an Election, Washington Post, Sept. 29, 2021

The Legal Minds Who Tried to Overturn the Election for Trump Are Being Welcomed Back Into Polite Society, Slate, Sept.1, 2021

Trump is Planning a Much More Respectable Coup Next Time, Slate, August 5, 2021

The Supreme Court’s Voting Rights Opinion is Even Worse than It Seems, Slate, July 8, 2021

The Supreme Court is Putting Democracy at Risk, N.Y. Times, July 1, 2021

More op-eds and commentaries by Rick ›

Recent Academic Articles and Working Papers by Rick Hasen

Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States, Harvard Law Review Forum (forthcoming 2022)

Optimism and Despair About a 2020 “Election Meltdown” and Beyond, 100 Boston University Law Review Online 298 (2020) (part of symposium on my book, Election Meltdown)

Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, Election Law Journal (2020)

More academic articles by Rick Hasen ›

Recent Books by ELB Contributors

Gerkin – The Democracy Index

Gerkin – The Democracy Index

The Democracy Index: Why Our Election System Is Failing and How to Fix It
by Heather K. Gerken

Persily – Social Media and Democracy

Persily – Social Media and Democracy

Social Media and Democracy
(Cambridge Press, 2020)
by Nathaniel Persily and Joshua A. Tucker

Pildes – The Law of Democracy

Pildes – The Law of Democracy

The Law of Democracy: Legal Structure of the Political Process, 5th ed.
(Foundation Press, 2016)
by Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes and Nathaniel Persily

Tokaji – Election Law in a Nutshell

Tokaji – Election Law in a Nutshell

Election Law in a Nutshell (2d ed., West Academic Publishing, 2017)
by Daniel P. Tokaji

Podcasts by ELB Contributors

Tolson – Free and Fair Podcast

Tolson – Free and Fair Podcast

Free & Fair with Franita and Foley
Franita Tolson and Edward Foley

Recent Articles by ELB Contributors

Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government, 118 Colum. L. Rev. 1225 (2018).

Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu & Emily R. Zhang, A Reasonable Bias Approach to Gerrymandering: Using Automated Plan Generation to Evaluate Redistricting Proposals, 59 Wm. & Mary L. Rev. 1521 (2018).

Edward B. Foley, Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism (May 10, 2021). Ohio State Legal Studies Research Paper No. 61

Anita S. Krishnakumar, Cracking the Whole Code Rule (February 19, 2020). St. John’s Legal Studies Research Paper No. 20-0002, New York University Law Review, Forthcoming

Justin Levitt, Failed Elections and the Legislative Selection of Electors, __ N.Y.U. L. Rev. __ (forthcoming 2021)

Derek T. Muller, Weaponizing the Ballot. 48 Florida State University Law Review 61 (2021)

Spencer Overton, Power to Regulate Social Media Companies to Prevent Voter Suppression. GWU Legal Studies Research Paper No. 2020-23, GWU Law School Public Law Research Paper No. 2020-23, 53 U.C. Davis L. Rev. 1793 (2020)

Nicholas Stephanopoulos, The Sweep of the Electoral Power (October 20, 2020). Constitutional Commentary, Forthcoming, Harvard Public Law Working Paper No. 21-07

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