Did Justice Thomas lose the majority in Allen v. Milligan?

June 11, 2023, 5:07 pmSupreme Court, Voting Rights ActDerek Muller

Let me offer something that may (?) be a bit (!) speculative (and which Jonathan Adler already hinted at elsewhere). To start, I can’t help but look back at some of the statements made during oral argument about how… Continue reading

“The Supreme Court’s Voting Rights Act ruling is no victory for democracy”

June 11, 2023, 11:09 amUncategorizedRick Hasen

Melissa Murray and Steve Vladeck in WaPo: The Supreme Court’s unexpected decision on Thursday to keep Section 2 of the Voting Rights Act intact was greeted with relief — even giddiness — among many in the media. Some even… Continue reading

“Johnson: Plaintiff in historic SCOTUS redistricting case shed tears for late father after ruling”

June 11, 2023, 11:05 amSupreme Court, Voting Rights ActRick Hasen

Roy Johnson column in Al.com: Evan Milligan was in church when his phone began to buzz. In church in Berlin, among a group visiting and studying an area that was once home to one of the region’s largest Jewish communities.… Continue reading

“He devised a fringe legal theory to try to keep Trump in power. Now he’s on the verge of being disbarred.”

June 11, 2023, 11:03 amelection subversion risk, fraudulent fraud squadRick Hasen

Politico: John Eastman, an architect of Donald Trump’s last-ditch bid to subvert the 2020 election on Jan. 6, is about to go on trial — but not in a criminal court. Rather, the attorney is fighting to save his California… Continue reading

“Why some Dems fear Cornel West presents a unique challenge for Joe Biden”

June 11, 2023, 8:23 amUncategorizedNed Foley

POLITICO on the potential spoiler effect of this third-party candidacy. The story observes: “Democrats feel that the Green Party’s Jill Stein siphoned votes from Hillary Clinton in 2016, helping usher former President Donald Trump into office.” But, as my book… Continue reading

One Way or Another, We are Likely to Get at Least Some Opinions in Moore v. Harper

June 11, 2023, 4:53 amUncategorizedRichard Pildes

Enough time has passed since the Court asked the parties to file letters on the jurisdictional issues that it seems highly unlikely the Court — if it is going to dismiss the case — will do so with a one-line… Continue reading

“Trump Supporters’ Violent Rhetoric in His Defense Disturbs Experts”

June 10, 2023, 7:45 pmelection subversion riskRick Hasen

NYT: The federal indictment of former President Donald J. Trump has unleashed a wave of calls by his supporters for violence and an uprising to defend him, disturbing observers and raising concerns of a dangerous atmosphere ahead of his court… Continue reading

I Spoke with Dahlia Lithwick on Slate’s Amicus Podcast about this Week’s Big Voting Rights Case at the Supreme Court

June 10, 2023, 1:54 pmSupreme Court, Voting Rights ActRick Hasen

You can listen here (listen beginning at the 16-minute market).

Read the Federal District Court Opinion Holding former VP Pence Did Not Have Speech or Debate Clause Immunity to Testify About Certain Election Subversion/January 6 Events

June 9, 2023, 4:48 pmelection subversion risk, legislation and legislatures, Speech or Debate ClauseRick Hasen

Still partially redacted, but now released. (Via Zoe Tillman)

Read the Trump Indictment in the Classified Documents Case

June 9, 2023, 10:52 amUncategorizedRick Hasen

At this link.

Ned Foley Blogging Next Two Weeks

June 9, 2023, 8:21 amUncategorizedRick Hasen

Thanks to Nick for covering what has turned out to be a very busy week in the ELB world! Ned Foley is primary ELB blogger for the next two weeks starting Monday. So send your tips and comments to… Continue reading

“Lee Drutman responds to Steven Hill: ‘Yes, Fusion does offer a new horizon for US Politics'”

June 9, 2023, 7:51 amUncategorizedNicholas Stephanopoulos

Lee Drutman defends fusion voting as a policy that modern reformers should push for: As a political scientist who studies electoral systems and the role of political parties in our democracy, I want to explain here why I see fusion… Continue reading

A Dissent From the View that the Court’s VRA Decision in the Alabama Case Was a Stunning Surprise

June 9, 2023, 7:30 amUncategorizedRichard Pildes

It’s understandable that much of the reaction to the Milligan decision on the VRA is to be stunned that the Roberts Court would endorse the VRA claim and require Alabama to create a second ability-to-elect congressional district for black voters… Continue reading

I Spoke with NPR’s Michel Martin for Morning Edition About the Supreme Court’s Voting Rights Act Decision in Allen v. Milligan

June 9, 2023, 7:14 amSupreme Court, Voting Rights ActRick Hasen

You can listen here. You can also read my NY Times guest essay, John Roberts Throws a Curveball.

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