“Mail-In Voting Fight Pits Donald Trump Against Ron DeSantis, Other GOP Leaders”

December 9, 2022, 10:52 amelection administrationDerek Muller

Alex Leary and Lindsay Wise in the Wall Street Journal: The issue of mail-in voting has divided Republicans in the wake of disappointing midterm elections, with most key GOP leaders urging the party to embrace the practice and former… Continue reading

“Too big of a job: Why Maricopa County’s ballot printers failed on Election Day”

December 9, 2022, 5:53 amelection administrationDerek Muller

Jen Fifield at Votebeat.

“Ethics Chair Struggles Over Whether Giuliani Crossed A Line”

December 9, 2022, 5:52 amelectoral college, fraudulent fraud squadDerek Muller

Kate Buehler at Law360: The chairman of a D.C. ethics committee deciding whether Rudy Giuliani violated legal ethics rules by filing a lawsuit aimed at overturning the 2020 presidential election results in Pennsylvania said Thursday he was struggling to… Continue reading

“Ruing Senate Loss, Georgia G.O.P. Asks if Runoff Rule Changes Backfired”

December 8, 2022, 2:39 pmelection administrationDerek Muller

Reid Epstein in the New York Times, with this potential statutory tidbit: Mr. Raffensperger said he would present three proposals to lawmakers. They include forcing large counties to open more early-voting locations to reduce hours-long lines like the ones… Continue reading

“Trump ally Sidney Powell asks court to overturn sanctions over election lawsuit”

December 8, 2022, 2:38 pmfraudulent fraud squadDerek Muller

Reuters: Sidney Powell and other conservative lawyers who sued to overturn President Joe Biden’s 2020 victory in Michigan asked a U.S. appeals court on Thursday to overturn an order sanctioning them for pressing “frivolous” election claims. During oral arguments… Continue reading

Kate Shaw on oral argument in Moore v. Harper

December 8, 2022, 10:30 amElections Clause, Supreme CourtDerek Muller

Over at Just Security, Kate Shaw has a piece entitled, “Oral Argument in Moore v. Harper and the Perils of Finding ‘Compromise’ on the Independent State Legislature Theory.” From it: [A] majority may be willing to sign onto some version of… Continue reading

The Fifteenth Amendment and the Independent State Legislature Theory

December 8, 2022, 10:29 amElections ClauseDerek Muller

The following is a guest post from Travis Crum: The Supreme Court recently heard oral argument in Moore v. Harper, which concerns the definition of “legislature” in Article I’s Elections Clause and the so-called independent state legislature theory (ISLT).… Continue reading

“In Rejecting Voter ID Measure, Arizonans Bucked History and Surprised Advocates”

December 8, 2022, 10:29 amvoter id, voter initiativesDerek Muller

BoltsMag

How Would the Supreme Court’s Major Precedents Concerning Democracy Fare under the Potential Test Discussed in Moore v. Harper?

December 8, 2022, 9:32 amUncategorizedRichard Pildes

Both before and during the argument in Moore v. Harper, I wrote about the possibility that the Court might think about extending the approach in the CJ Rehnquist’s Bush v. Gore concurrence – which was about state court statutory interpretation… Continue reading

Foley, Muller discuss Moore v. Harper oral argument at Lawfare

December 8, 2022, 5:57 amElections Clause, Supreme CourtDerek Muller

The podcast is here.

“How conservatives played the long game on election law”

December 8, 2022, 5:51 amSupreme CourtDerek Muller

Joan Biskupic at CNN.

“An election probe heightens the tension between Texas leaders and the Houston area”

December 8, 2022, 5:49 amelection administrationDerek Muller

NPR: Tension between GOP state leaders in Texas and election officials in the Democratic-leaning Houston area is at an all-time high after the 2022 election. Republicans are accusing Harris County officials of “election improprieties” that resulted in delayed polling… Continue reading

I Spoke With Madeline Brand of KCRW’s Press Play About Today’s Oral Argument in Moore v.Harper

December 7, 2022, 9:08 pmUncategorizedRick Hasen

Listen.

Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard

December 7, 2022, 5:11 pmElections Clause, Supreme CourtDerek Muller

During oral argument in Moore v. Harper today, one could be forgiven to forget that Chief Justice William Rehnquist passed away nearly two decades ago and is not currently sitting on the court. He was invoked more than a dozen… Continue reading

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The law of politics and the politics of law