“Disenfranchisement Creep”

March 17, 2025, 7:11 amReal Right to VoteRick Hasen

Bryna Godar has posted this draft on SSRN (forthcoming, Virignia Law Review). Here is the abstract: Under federal law, states decide whether people lose their voting rights as a result of criminal convictions or mental incapacity. But states vary… Continue reading

Chris Geidner: “Why trying to understand what the Trump admin did in response to the TRO matters”

March 17, 2025, 7:06 amauthoritarian threats in USRick Hasen

Important read at Law Dork: This is complicated, and it is entirely possible that Boasberg ultimately decides Trump administration officials should be held in contempt for knowingly violating his Saturday evening order. But, many people — including in my mentions… Continue reading

By 10-5 vote, 5th Circuit opts not to take en banc decision that found Mississippi absentee ballots must be returned by Election Day to count in federal races

March 17, 2025, 4:14 amabsentee ballots, court decisions, election administrationDerek Muller

The opinions in the decision to deny the en banc petition are here, in RNC v. Wetzel. From the intro of the original panel decision, as a refresher of the issue: Congress statutorily designated a singular “day for… Continue reading

“U.S. Department of Justice Dismisses Biden-Era Lawsuit Against Alabama in order to have more Secure Elections”

March 17, 2025, 4:13 amDepartment of Justice, voter registrationDerek Muller

Press release from the Department of Justice: Today, the U.S. Department of Justice’s Civil Rights Division filed a dismissal of the complaint in United States v. Alabama. The previous administration had filed the action in 2024 after the Secretary… Continue reading

11th Circuit finds Florida’s closed primary statute withstands constitutional scrutiny

March 17, 2025, 4:13 amcourt decisionsDerek Muller

Three opinions from three judges in Poelle v. Florida Secretary of State. From the majority opinion by Judge Rosenbaum: Michael J. Polelle is a voter in Sarasota County, Florida, who has not registered with a political party. As a… Continue reading

“Judges Become Targets in Combative Political Environment; Early court rulings against Trump provoke fury from some of president’s supporters”

March 16, 2025, 5:02 pmauthoritarian threats in US, UncategorizedRick Hasen

Jess Bravin for the WSJ: Having taken the White House and captured the Congress, President Trump’s movement is unleashing its fury on the one branch of government it doesn’t fully control: the judiciary. As more judges have blocked or slowed… Continue reading

“Bill Cotterell: Florida 2000 — Now that was an election”

March 16, 2025, 12:11 pmBush v. Gore reflectionsRick Hasen

Bill Cotterell column in the Tallahassee Democrat: Cops, politicians and journalists sometimes use a cliche — “You can’t make this stuff up” — when they run into some novel or startling plot twists or game-changing surprises in events they’re describing.… Continue reading

“Ohio AG Must Approve Qualified Immunity Measure Summary”

March 16, 2025, 12:01 pmdirect democracyRick Hasen

Bloomberg Law: Ohio’s attorney general must approve a desired summary of a ballot measure that would make it easier to sue police and government officials, a federal judge ruled Friday. The enforcement by Attorney General Dave Yost (R) enforcement… Continue reading

“A still-unresolved North Carolina court election is back before judges next week”

March 15, 2025, 8:54 amjudicial elections, recountsRick Hasen

AP: A panel from North Carolina’s intermediate-level appeals court will hear arguments next week about a still-unsettled November election for a seat on the state’s Supreme Court. The March 21 hearing by three judges on the Court of Appeals was… Continue reading

Ninth Circuit, Over Strong Dissent, Upholds Lawyer Sanctions Against Kari Lake and Mark Finchem’s Attorneys in Lawsuit over Arizona Voting System

March 15, 2025, 8:41 amUncategorizedRick Hasen

This is the first time I can remember seeing a split in this kind of litigation over baseless suits challenging the integrity of election systems.

“Trump calls his opponents ‘scum’ and lawbreakers in bellicose speech at Justice Department”

March 14, 2025, 3:36 pmauthoritarian threats in US, Department of JusticeRick Hasen

Politico: President Donald Trump on Friday walked into the Department of Justice and labeled his courtroom opponents “scum,” judges “corrupt” and the prosecutors who investigated him “deranged.” With the DOJ logo directly behind him, Trump called his political opponents lawbreakers… Continue reading

Derek Muller Blogging Next Week

March 14, 2025, 11:19 amUncategorizedRick Hasen

Direct all your tips and questions to Derek.

Mar 21 Event from Issue One on CISA and Protecting Federal Elections

March 14, 2025, 11:18 amelection administrationRick Hasen

This looks important: Following unprecedented levels of foreign interference operations during the 2016 presidential election, members of Congress and President Trump’s first administration recognized the urgent need to bolster election security. That collective effort resulted in the Department of Homeland… Continue reading

“Under G.O.P., Congress Cedes Power to Trump, Eroding Its Influence”

March 14, 2025, 7:21 amauthoritarian threats in US, legislation and legislaturesRick Hasen

NYT: The Republican-led Congress isn’t just watching the Trump administration gobble up its constitutional powers. It is enthusiastically turning them over to the White House. G.O.P. lawmakers are doing so this week by embracing a stopgap spending bill that gives… Continue reading