“Trump ally Sidney Powell asks court to overturn sanctions over election lawsuit”

December 8, 2022, 2:38 pmfraudulent fraud squadDerek Muller

Reuters: Sidney Powell and other conservative lawyers who sued to overturn President Joe Biden’s 2020 victory in Michigan asked a U.S. appeals court on Thursday to overturn an order sanctioning them for pressing “frivolous” election claims. During oral arguments… Continue reading

Kate Shaw on oral argument in Moore v. Harper

December 8, 2022, 10:30 amElections Clause, Supreme CourtDerek Muller

Over at Just Security, Kate Shaw has a piece entitled, “Oral Argument in Moore v. Harper and the Perils of Finding ‘Compromise’ on the Independent State Legislature Theory.” From it: [A] majority may be willing to sign onto some version of… Continue reading

The Fifteenth Amendment and the Independent State Legislature Theory

December 8, 2022, 10:29 amElections ClauseDerek Muller

The following is a guest post from Travis Crum: The Supreme Court recently heard oral argument in Moore v. Harper, which concerns the definition of “legislature” in Article I’s Elections Clause and the so-called independent state legislature theory (ISLT).… Continue reading

“In Rejecting Voter ID Measure, Arizonans Bucked History and Surprised Advocates”

December 8, 2022, 10:29 amvoter id, voter initiativesDerek Muller

BoltsMag

How Would the Supreme Court’s Major Precedents Concerning Democracy Fare under the Potential Test Discussed in Moore v. Harper?

December 8, 2022, 9:32 amUncategorizedRichard Pildes

Both before and during the argument in Moore v. Harper, I wrote about the possibility that the Court might think about extending the approach in the CJ Rehnquist’s Bush v. Gore concurrence – which was about state court statutory interpretation… Continue reading

Foley, Muller discuss Moore v. Harper oral argument at Lawfare

December 8, 2022, 5:57 amElections Clause, Supreme CourtDerek Muller

The podcast is here.

“How conservatives played the long game on election law”

December 8, 2022, 5:51 amSupreme CourtDerek Muller

Joan Biskupic at CNN.

“An election probe heightens the tension between Texas leaders and the Houston area”

December 8, 2022, 5:49 amelection administrationDerek Muller

NPR: Tension between GOP state leaders in Texas and election officials in the Democratic-leaning Houston area is at an all-time high after the 2022 election. Republicans are accusing Harris County officials of “election improprieties” that resulted in delayed polling… Continue reading

I Spoke With Madeline Brand of KCRW’s Press Play About Today’s Oral Argument in Moore v.Harper

December 7, 2022, 9:08 pmUncategorizedRick Hasen

Listen.

Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard

December 7, 2022, 5:11 pmElections Clause, Supreme CourtDerek Muller

During oral argument in Moore v. Harper today, one could be forgiven to forget that Chief Justice William Rehnquist passed away nearly two decades ago and is not currently sitting on the court. He was invoked more than a dozen… Continue reading

Moore v. Harper oral argument recap roundup

December 7, 2022, 3:02 pmElections Clause, Supreme CourtDerek Muller

The oral argument transcript is here, and the audio file is here. AP Bloomberg CNN LAT NBC News NYT Reuters SCOTUSblog USA Today WaPo WSJ

“Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial”

December 7, 2022, 3:02 pmlegislation and legislaturesDerek Muller

Under-discussed story from Alaska Public Radio: In November 1955, the 55 delegates of Alaska’s constitutional convention gathered in Fairbanks, intent on drafting the fundamental document for a new state. But before they began, each member stood and swore an… Continue reading

What Difference Would It Make If the Supreme Court in the Moore v. Harper Case Embraced the Bush v. Gore Concurrence Rather Than a Full-Throated Independent State Legislature Theory?

December 7, 2022, 1:40 pmBush v. Gore reflections, legislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

In my earlier recap of today’s oral argument in Moore v. Harper (transcript here), I suggested that the middle ground position that the three Justices in the middle might embrace would be bad but not awful compared to the… Continue reading

A Few Thoughts on Moore v. Harper Oral Argument

December 7, 2022, 1:04 pmUncategorizedGuy Charles

Here are some things that struck me listening to the argument today.1) What will the RKB triumvirate do? As Rick Hasen noted in his post, the question is which way will Roberts, Kavanaugh, and Barrett go. My guess is… Continue reading

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