“The House Jan. 6 Panel Has Set a High Bar: Showing Criminality”
NYT:
In the final moments of what will most likely be the last hearing for the House committee investigating the Jan. 6, 2021, attack on the Capitol, its vice chairwoman, Representative Liz Cheney, returned to a theme that has run… Continue reading
“Majoritarianism and Minoritarianism in the Law of Democracy”
Sam Issacharoff and I have posted on SSRN this new essay. Here’s the abstract:
Democracies grapple with the tension between the principle of majority rule and ensuring respect for the interest of political minorities, however those might be defined… Continue reading
Mike Parsons: “New Poll Shows Path Forward on Impartial Election Administration”
The following is a guest post from Mike Parsons (Senior Counsel for Election Reformers Network and Program Affiliate Scholar at NYU Law):
It’s no secret that trust in U.S. elections is worryingly low. But a new survey points the way towards a promising… Continue reading
“Republicans want the Pa. Supreme Court to stop undated mail ballots from being counted”
Philadelphia Inquirer:
Republicans are taking the fight over undated Pennsylvania mail ballots straight to the state’s high court, and they’re not waiting until Election Day to do it.A coalition of GOP groups, including the Republican National Committee and the state… Continue reading
Greg Sargent on Kari Lake: Why Hasn’t Arizona’s Strict New Voting Law Restored Voter Confidence:
Greg in WaPo:
Let’s start with democracy. Pressed on whether she would accept the November election results, Lake refused to say, declaring: “I’m going to win the election, and I will accept that result.” (Lake also spewed nonsense about… Continue reading
“Fortifying Election Security Through Poll Worker Policy”
New report from BPC.
“Election Officials Prepare for New Challenges in Midterm Vote”
NYT:
The episode is one of many warning signs that has election officials on alert as voting begins for midterm elections, the biggest test of the American election system since Mr. Trump’s lies about the 2020 results launched an assault… Continue reading
“Supreme Court declines to take up effort to secure birthright citizenship for American Samoans”
CNN:
The Supreme Court declined Monday to take up a case asking whether those born in American Samoa are entitled to birthright citizenship under the Constitution’s 14th Amendment.The court’s decision to stay out of the matter will come as… Continue reading
“Lake Won’t Pledge to Accept Election Results, and More News From the Sunday Shows”
NYT:
Kari Lake, the Republican candidate for governor of Arizona, refused on Sunday to commit to accepting the results of her election, using much of the same language that former President Donald J. Trump did when he was a… Continue reading
“Groups mobilize to help voters confronting new election laws”
AP:
Georgia is one of several states where voters will face new hurdles to casting a ballot during the November election under laws passed by Republican-led legislatures following former President Donald Trump’s false claims that voter fraud cost him reelection… Continue reading
“Eight in 10 Americans Favor Early Voting, Photo ID Laws”
Gallup:
With the midterm elections less than a month away, large majorities of Americans favor three measures meant to make voting easier: early voting (78% in favor), automatic voter registration (65%) and sending absentee ballots to all eligible voters (60%).Majorities… Continue reading
“The Political Branding of the Big Lie”
Ciara Torres-Spelliscy in the University of Illinois Law Review. Abstract:
This piece will argue that the Roberts Supreme Court’s protection of lying and its choice to fence government speech as outside of First Amendment analysis have created a perfect storm… Continue reading
The other batch of cases Moore v. Harper may not adequately address
Justice Samuel Alito’s opinion dissenting from the denial of application for stay in Moore v. Harper last March offered the following reflection and string citation of cases:
This case presents an exceptionally important and recurring question of constitutional law, namely,… Continue reading