D.C. Circuit, on 2-1 Vote, Upholds Conviction of Jan. 6 Attacker on Grounds He Acted “Corruptly” in Obstructing Proceedings; Implications for Trump Prosecution

October 20, 2023, 7:46 amUncategorizedRick Hasen

You can find the majority opinion (by two Democratic-appointed judge) and the dissent (by a Republican-appointed judge) at this link. To oversimplify things a bit, the majority defined “corruptly” to include acting unlawfully. The dissenter viewed the term as… Continue reading

Cenk Uygur, born in Turkey, kept off Nevada Democratic primary ballot after altering candidate form

October 20, 2023, 7:45 amelection administrationDerek Muller

The story at the Nevada Independent is here. Nevada, like some states, has a form that requires presidential candidates to attest under penalty of perjury they are eligible to serve as president. The form specifically asks candidates to attest… Continue reading

October 20 Free Online Conference from the Safeguarding Democracy Project: “The Law and Politics of Potentially Disqualifying Donald Trump from Running for President”

October 19, 2023, 3:48 pmelection subversion riskRick Hasen

[Bumping to the top] Dynamite lineup: October 20, 9:00am-1pm – The Law and Politics of Potentially Disqualifying Donald Trump from Running for President Online Conference Registration link: https://ucla.zoom.us/webinar/register/WN_X7flCEuZT6KZ9erbwDEFTA#/registration Conference: The Law and Politics of Potentially Disqualifying Donald Trump from Running… Continue reading

Watch Archived Video of My Conversation with Genevieve Lakier and Eugene Volokh on “The Trump Prosecutions, the First Amendment, and Election Inteference”

October 19, 2023, 3:35 pmchicanery, First Amendment theoryRick Hasen

An interesting and spirited conversation for the Safeguarding Democracy Project’s webinar series. Watch:

Does a five-day hearing to adjudicate a presidential candidate’s qualifications pass scrutiny under Anderson-Burdick?

October 19, 2023, 3:03 pmelectoral collegeDerek Muller

The Colorado trial court hearing the challenge to Trump’s qualifications scheduled a five-day hearing to begin October 30 to adjudicate the claim. Does such a hearing pass scrutiny under the Anderson-Burdick balancing test? I’ve been surprised at how little I’ve… Continue reading

Breaking News: Supreme Court refuses to stay 5th Circuit in Louisiana VRA suit

October 19, 2023, 12:43 pmredistrictingshadow docketTabatha Abu El-Haj

Louisiana is given extended time to draw its own congressional map and to correct its discrimination. Supreme Court refused to stay order of the Fifth Circuit. Justice Jackson concurs.

“North Carolina Republicans pitch Congress maps that could help them pick up 3 or 4 seats next year”

October 19, 2023, 10:57 amredistricting2022 Redistricting cycleTabatha Abu El-Haj

AP: The North Carolina Senate’s redistricting committee has proposed two new maps for the state’s congressional districts. Both are significantly more favorable to Republicans. Currently the state’s congressional seats are split between the two parties. The proposed maps favor… Continue reading

Brendan Nyhan Flags Methodological Issues in That Poll Showing Bipartisan Support for Violence and Lack of Faith in U.S. Democracy

October 19, 2023, 8:14 amelection subversion riskRick Hasen

Following up on my post from yesterday about a new U Va poll, Brendan Nyhan suggests great caution:

“The surprising group of Republicans preventing Jim Jordan from becoming House speaker”

October 19, 2023, 7:34 ampolitical polarizationHouse SpeakershipTabatha Abu El-Haj

Washington Post offers a nice corrective, noting that it is not clear that the opposition to Jim Jordan is coherent. “6 hail from districts Biden won in 2020.” “8 belong to a bipartisan group of moderates.” The rest have all… Continue reading

Breaking News: “Trump co-defendant Sidney Powell pleads guilty in Georgia election-interference case”

October 19, 2023, 7:23 amUncategorizedTabatha Abu El-Haj

Washington Post: “Pro-Trump lawyer Sidney Powell has pled guilty in a Georgia election-interference case. . . . She agreed to serve six years of probation, pay a $6,000 fine, pay $2,700 to the Georgia secretary of state’s office and… Continue reading

Republicans in Competive Districts Fear Speaker Fight Could Cost Them House (and Office?)

October 19, 2023, 4:27 ampolitical polarizationcompetitive districts, governanceTabatha Abu El-Haj

N.Y. TImes reports on the rising fears that a Jim Jordan speakership could cost Republicans the House. Even the fight is causing worry. Those most concerned are representatives from districts that voted for Biden in 2022. “The latest round of… Continue reading

ELB Podcast 5:2: The Roberts Court and American Democracy (Joan Biskupic)

October 18, 2023, 4:11 pmELB Podcast, Supreme Court, Voting Rights ActRick Hasen

New ELB Podcast: Is the Roberts Court shifting on its protection of voting rights? How has the addition of three Trump-appointed Justices changed the nature of the Supreme Court? Should we expect a new ethics code for Supreme Court Justices?… Continue reading

“Special counsel Jack Smith pulls subpoena over pro-Trump fundraising”

October 18, 2023, 12:25 pmUncategorizedThe Big Lie, Trump indictmentTabatha Abu El-Haj

Washington Post raises questions about what can be inferred from the decision of Special counsel Jack Smith to withdraw “a subpoena seeking records about fundraising by the political action committee Save America.” The group, controlled by former president Donald Trump,… Continue reading

“Jordan Loses 2nd Vote for Speaker as House Scrambles for Path Forward”

October 18, 2023, 10:50 ampolitical polarizationgovernanceTabatha Abu El-Haj

N.Y. Times and others reporting that Jim Jordan has lost a second bid for Speaker of the House on Wednesday. The House will probably pick a Speaker this week, even as how and whom still remains unclear. And I wouldn’t… Continue reading

Election Law Blog

The law of politics and the politics of law