“Request for Gag Order on Trump Raises Free Speech Dilemma”

September 22, 2023, 9:22 amUncategorizedRick Hasen

Charlie Savage for the NYT: The request by prosecutors that a judge impose a gag order on former President Donald J. Trump in the federal election-subversion case presents a thorny conflict between the scope of his First Amendment rights and… Continue reading

“Anti-democratic moves by state lawmakers raise fears for 2024 election”

September 22, 2023, 8:51 amUncategorizedRick Hasen

Zach Roth for News from the States.

“Senator Robert Menendez Is Indicted in New York”

September 22, 2023, 7:14 amchicaneryRick Hasen

NYT: Senator Robert Menendez of New Jersey has been charged in a federal corruption indictment, the authorities said on Friday. The indictment against Mr. Menendez, a 69-year-old Democrat who leads the Senate’s Foreign Relations Committee, follows a lengthy investigation by… Continue reading

“Down-Ballot Republicans Who Endorse Trump’s Election-Fraud Lie Expected to Face ‘Considerable Voter Backlash,’ Poll Finds”

September 22, 2023, 7:11 amUncategorizedRick Hasen

National Review: Republican candidates in competitive House and Senate races who align themselves with former president Donald Trump’s false claims that he won the 2020 election could face “considerable voter backlash” on Election Day, according to a new poll from… Continue reading

“Clarence Thomas Secretly Participated in Koch Network Donor Events”

September 22, 2023, 7:04 amSupreme CourtRick Hasen

ProPublica: On Jan. 25, 2018, dozens of private jets descended on Palm Springs International Airport. Some of the richest people in the country were arriving for the annual winter donor summit of the Koch network, the political organization founded by… Continue reading

“Constitution Day conversation with Jamie Raskin: Preserving democracy today and tomorrow”

September 21, 2023, 8:40 amUncategorizedRick Hasen

Rick LaRue talks to Jamie Raskin at The Fulcrum: What revisions to the Constitution rise to the top of your need-to-be-changed list? The Equal Rights Amendment, obviously. I also believe that we must get rid of unaccountable dark money in… Continue reading

In Reply Brief Before Expected Supreme Court Ruling, Alabama Denies It is Ignoring or Defying Supreme Court Ruling to Draw Second Majority Black Congressional District

September 21, 2023, 5:48 amredistricting, Supreme CourtRick Hasen

With this filing, we can expect a Supreme Court ruling any time. (Docket) I expect the Supreme Court to reject Alabama’s petition given (what I view) as the state’s ignoring or defying of the Supreme Court’s earlier ruling… Continue reading

“Trump electors: ‘fake’ or ‘contingent’?”

September 20, 2023, 6:53 pmUncategorizedRick Hasen

AJC: Three Republicans who cast Electoral College votes for Donald Trump after the 2020 presidential election were acting as federal officers and doing what the law allowed, defense lawyers told a federal judge on Wednesday. The Trump electors — former… Continue reading

Larry Lessig on Trump Disqualification: “A Terrible Plan to Neutralize Trump Has Entranced the Legal World”

September 20, 2023, 6:44 pmelection subversion riskRick Hasen

Larry Lessig in Slate: No one thinks Jan. 6 was a repeat of Fort Sumter. No one, that is, believes that Trump and his allies were rallying to secede from the Union. Nonetheless, the argument these lawyers press is that… Continue reading

Rosalind Dixon: “Politics as Markets: Here and There, Then and Now”

September 20, 2023, 6:41 pmPoliticsMarkets25Rick Hasen

The following is a post by Rosalind Dixon, part of the Politics as Markets at 25 sympsosium: Twenty-five years on, Sam Issacharoff and Rick Pildes’ Politics as Markets: Partisan Lockups of the Democratic Process continues to play a central… Continue reading

“Biden’s campaign set to counterpunch on misinformation”

September 20, 2023, 6:32 pmUncategorizedRick Hasen

Politico: Joe Biden’s presidential campaign is overhauling its strategy to fight misinformation on social media in the 2024 race, recruiting hundreds of staffers and volunteers to monitor platforms, buying advertising to fight bogus claims, pushing its own countermessages out through… Continue reading

“North Carolina May Increase Odds of Gridlock with Even-Numbered Elections Boards”

September 20, 2023, 6:24 pmelection administrationRick Hasen

Bolts: For over 120 years, the North Carolina State Board of Elections (NCSBE) has consisted of five members, all appointed by the governor, with no more than three from a given political party. County elections boards have the same… Continue reading

Yasmin Dawood: “Politics as Markets: Paradigms for the Law of Democracy”

September 20, 2023, 9:00 amPoliticsMarkets25Rick Hasen

The following is a post from Yasmin Dawood, part of the Politics as Markets at 25 symposium. Politics as Markets: Partisan Lockups of the Democratic Process, by Samuel Issacharoff and Richard Pildes, is a landmark article in the law… Continue reading

“Republicans win a temporary freeze in New York’s redistricting fight”

September 19, 2023, 10:28 amredistrictingRick Hasen

Politico: Republicans won a preliminary round in latest legal fight over New York’s congressional districts: The state’s top court Tuesday declined to force a mapmaking commission to immediately start drafting new lines. The maps drawn in 2022 were tossed when… Continue reading