“Can Federalism Protect Subnational Liberal Democracy from Central Authoritarianism?”

August 19, 2025, 7:24 amauthoritarian threats in USRick Hasen

Jim Gardner has posted this draft on SSRN. Here is the abstract: Liberal democracy is eroding rapidly around the globe, including in the United States, raising alarming questions about whether American democratic institutions will endure. Nevertheless, some have speculated that… Continue reading

“Trump vows to change how elections are run. The US Constitution doesn’t give him that power”

August 19, 2025, 7:23 amUncategorizedRick Hasen

AP reports.

“Republicans say they’ll sue to block California redistricting plan. Do they have a case?”

August 19, 2025, 7:21 amdirect democracy, redistrictingRick Hasen

Bob Egelko for the SF Chronicle: “By concocting this partisan redistricting scam, Gavin Newsom and Democrat politicians are openly violating the California Constitution and their oath of office,” DeMaio said in a news release. “Any vote … on this… Continue reading

ELB Book Corner: Karen Sebold: “The Foxes Are Guarding the Henhouse: How Elected Officials Weakened the Federal Election Commission”

August 19, 2025, 7:00 amcampaign finance, ELB Book Corner, federal election commissionRick Hasen

I am pleased to welcome Karen Sebold to ELB Book Corner, writing about her new book, Evaluating Campaign Finance Oversight: An Assessment of the Federal Election Commission. (Use that link with code LXFANDF30 for a 30 percent discount). Here is… Continue reading

California Democrats’ Proposed Retaliatory Gerrymander Against Texas Could Be Triggered if Another Democratic State Engages in Its Own Partisan Gerrymander

August 18, 2025, 3:54 pmchicaneryRick Hasen

California Democratic leaders are preparing to put a measure before voters that would temporarily suspend congressional redistricting maps drawn by an independent commission for the rest of the decade as retaliation for Texas (or other Republican) states engaging in their… Continue reading

“The collapse of Common Cause’s vision for US democracy”

August 18, 2025, 12:38 pmredistrictingRick Hasen

Steven Hill: No organization has led the effort for redistricting reform more than Common Cause. I have known many Common Cause leaders, both nationally and in California where I live. They have all been good and admirable people who… Continue reading

Q & A with Me in New York Magazine: “The Supreme Court Could Supercharge the GOP’s Redistricting Power Grab”

August 18, 2025, 9:40 amredistricting, Supreme Court, Voting Rights ActRick Hasen

I spoke with New York’s Intelligencer‘s Nia Prater: What are the potential ramifications if the Court weakens Section Two or ultimately does away with it? First of all, it would be a huge blow for minority representation. A big… Continue reading

“Newsmax pays $67 million to settle defamation case linked to 2020 election coverage”

August 18, 2025, 9:29 amcheap speech, fraudulent fraud squadRick Hasen

NPR: Newsmax will pay $67 million to settle one of the last outstanding defamation lawsuits against a news organization for airing false claims that the 2020 election was rigged. Denver-based Dominion Voting Systems – the same voting-technology company that… Continue reading

No, President Trump Can’t Ban Mail in Ballots or Voting Machines, as His Truth Social Post Suggests He Might Try to Do

August 18, 2025, 7:52 amauthoritarian threats in US, election subversion riskRick Hasen

This morning President Trump put out a post on Truth Social that shares some of his usual and debunked conspiracy theories about voter fraud in elections. Part of the post says that he will “lead a movement” to get rid… Continue reading

DOJ increases pressure to vacuum up voter files

August 18, 2025, 7:43 amDepartment of Justice, election administration, voter registrationJustin Levitt

A month ago, I noted that the DOJ’s Civil Rights Division had sent demands to a bunch of states for copies of the voter files. These letters were pretty unusual. I didn’t think DOJ’s ostensible rationale for demanding the files… Continue reading

ELB Book Corner: Karen Sebold: “Why Elon Musk Got Away with His $1 Million Give-Away: Loose Campaign Finance Laws and Even Looser Enforcement”

August 18, 2025, 7:00 amcampaign finance, ELB Book Corner, federal election commissionRick Hasen

“Russia is quietly churning out fake content posing as US news”

August 17, 2025, 5:00 pmcheap speechRick Hasen

Politico: A pro-Russian propaganda group is taking advantage of high-profile news events to spread disinformation, and it’s spoofing reputable organizations — including news outlets, nonprofits and government agencies — to do so. According to misinformation tracker NewsGuard, the campaign —… Continue reading

“$5,000-Per-Plate Dinner Tests Museum Ban on Political Fund-Raisers”

August 17, 2025, 4:21 pmtax law and election lawRick Hasen

NYT: At a private event hosted by Senator Dave McCormick, Republican of Pennsylvania, donors wandered through a sculpture hall at the Carnegie Museum of Art in Pittsburgh and partied with their cowboy hats on at a dinner where each plate… Continue reading

“Meet the Lobbyist Fighting Against ‘Perfect Legal’ Corruption in DC”

August 16, 2025, 12:12 pmelection law bizRick Hasen

Dave Levinthal profiles Craig Holman for the Washingtonian” When Craig Holman first came to, he found himself in George Washington University Hospital hooked up to machines. His ribs, hip, and knee were shattered. His ankle, too. He had suffered a… Continue reading

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The law of politics and the politics of law