“Republican and Democratic Former Senate Counsels Agree: F.B.I. Checks on Trump Nominees Are a Must”

November 29, 2024, 7:23 amauthoritarian threats in USTabatha Abu El-Haj

Noah Bookbinder (former counsel for Democrats on the Senate Judiciary Committee) and Gregg Nunziata (formerly counsel for Republicans on the committee and chief nominations counsel beginning in 2006) in a Guest Essay at the New York Times: “Efforts to… Continue reading

“Trump signs transition agreement with Biden, but it lacks key guardrails”

November 27, 2024, 7:39 amauthoritarian threats in USTabatha Abu El-Haj

Washington Post: “The agreement clears the way for Trump-appointed ‘landing teams’ to start entering government offices to receive briefings from career staff about the operations of hundreds of federal agencies, a ritual of presidential transitions.” Security clearances remain a… Continue reading

“Ranked-choice voting continues to work in Alaska. It would everywhere else, too.”

November 27, 2024, 7:29 amalternative voting systems, primariesrank choice votingTabatha Abu El-Haj

Washington Post’s Editorial Board comes out in favor of RCV, arguing it is working well in both Alaska and Maine to select more moderate candidates that are more likely to reflect the preferences of electoral majorities, and that it is… Continue reading

Governor Cooper Vetos Bill that Would Shift Power from Executive Offices (soon to be held by Democrats)

November 27, 2024, 7:10 amchicaneryNorth CarolinaTabatha Abu El-Haj

Raleigh News & Observer reports that Governor Cooper has temporarily halted efforts by the Republican legislature to restructure power in North Carolina to limit the impact of Democratic wins in the state. Republicans have repeatedly overridden Cooper’s vetos during this… Continue reading

Governing Likely to Be in Short Supply Come January

November 27, 2024, 6:51 amelection subversion risk, political polarizationgovernanceTabatha Abu El-Haj

The 119th Congress is highly unlikely to be able to deliver effective government. Politico Playbook projects, “House Republicans are facing roughly two months with a 217-215 split — a one-seat majority.” “The math … If the current leads hold,… Continue reading

North Carolina: “GOP candidate protests the ballots cast by his opponent’s parents in state Supreme Court race”

November 26, 2024, 2:20 pmjudicial elections, recountsRick Hasen

WUNC: The North Carolina State Board of Elections voted unanimously Tuesday to certify the 2024 elections, except for a handful of contests under recount and protest. That includes the race for a seat on the state Supreme Court in… Continue reading

“The Michigan Jail that Candidates Keep Visiting”

November 26, 2024, 2:09 pmfelon votingRick Hasen

Interesting read.

“Donald Trump’s return sends shivers through the anti-misinformation world”

November 26, 2024, 11:01 amcheap speechRick Hasen

Financial Times: The incoming Trump administration’s vow to dismantle the leftwing “censorship cartel” has thrown a shadow over the cottage industry of academics, non-profits and researchers that sprang up to combat a tide of digital misinformation — and threatens… Continue reading

Election Law Scholars and Brennan Center File Amicus Brief in En Banc DC Circuit Case on the Power of FEC Commissioners to Use “Prosecutorial Discretion” to Prevent Judicial Review of Their Decisions

November 26, 2024, 10:52 amcampaign financeRick Hasen

Important brief in a key case.

New NCSL Resource on State Voting Rights Acts

November 26, 2024, 8:20 amVoting Rights ActRick Hasen

This looks like it will be very useful: Eight states have enacted their own Voting Rights Acts: California, Connecticut, Illinois, Minnesota, New York, Oregon, Virginia and Washington. These state VRAs mirror the federal VRA in many ways and are often… Continue reading

Must-Read Charlie Savage: “End of Trump Cases Leaves Limits on Presidential Criminality Unclear”

November 26, 2024, 7:35 amauthoritarian threats in US, chicanery, Department of Justice, Supreme CourtRick Hasen

Charlie in the NYT: The end of the two federal criminal cases against President-elect Donald J. Trump on Monday left momentous, unsettled questions about constraints on criminal wrongdoing by presidents, from the scope of presidential immunity to whether the Justice… Continue reading

“Top Trump Aide Accused of Asking for Money to ‘Promote’ Potential Appointees”

November 26, 2024, 7:32 amchicaneryRick Hasen

NYT: President-elect Donald J. Trump’s legal team found evidence that a top adviser asked for retainer fees from potential appointees in order to promote them for jobs in the new administration, five people briefed on the matter said on Monday.… Continue reading

“Riggs’ lead drops by 67 votes as 60 counties complete NC Supreme Court recount”

November 26, 2024, 7:19 amjudicial electionsRick Hasen

Carolina Journal: With 60 of North Carolina’s 100 counties completing recounts in a closely contested state Supreme Court race, appointed incumbent Democrat Allison Riggs’ lead has dropped by 67 votes over Republican challenger Jefferson Griffin. Riggs still leads Griffin… Continue reading

Campaign Finance and Political Polarization

November 26, 2024, 5:10 amUncategorizedRichard Pildes

I’ve posted this new essay on SSRN. Here’s the abstract: In an era I have called “hyperpolarized democracy in America,” delivering effective government has become extremely difficult. Much has been written about various institutional factors that contribute to the rise… Continue reading