On “That Trippi Show” with Joe Trippi: “The biggest bullet dodged in the history of democracy” with Rick Hasen

July 7, 2023, 7:33 amelection subversion risk, The Voting WarsRick Hasen

Joe Trippi podcast: Was the Supreme Court decision in Moore v. Harper a big win – or a bullet dodged? UCLA law professor Rick Hasen rejoins Joe and Alex to discuss the implications of what looks like a big win… Continue reading

“Free Speech and Voter Intimidation After Counterman v. Colorado”

July 7, 2023, 7:26 amFirst Amendment theoryRick Hasen

New from Protect Democracy: How to defend Section 11(b) of the Voting Rights Act under the updated “true threats” exception to the First Amendment.

Election Law Academics Update

July 7, 2023, 7:24 amelection law bizRick Hasen

Here’s my yearly roundup of election law academic hires, promotions moves, visits, accolades: Wilfred Codrington was promoted to associate professor of law at Brooklyn and awarded the additional title of Dean’s Research Scholar. He will be visiting at Texas A&M… Continue reading

“As states hunt for new voters, Massachusetts adds thousands via Medicaid applications”

July 6, 2023, 9:22 amvoter registrationRick Hasen

New from Zachary Roth.

“Prosecutors Face Conspiracy Theories in Jan. 6 Trial”

July 6, 2023, 7:29 amchicanery, election subversion risk, fraudulent fraud squadRick Hasen

NYT: Almost from the moment that a pro-Trump mob stormed into the Capitol on Jan. 6, 2021, conspiracy theories have ricocheted from the fringes of the internet to the corridors of Congress. Republican officials and others on the right have… Continue reading

“Trump pulled in more than $35 million in the second quarter”

July 6, 2023, 7:27 amcampaign financeRick Hasen

Politico: Donald Trump nearly doubled his fundraising during the second quarter of 2023 — an indication that his legal troubles are propelling his campaign financially. The former president’s joint fundraising committee raked in more than $35 million, according to a… Continue reading

Watch Archived Video of My Conversation with Patt Morrison on the Supreme Court’s Recent Election law Cases and More

July 6, 2023, 7:24 amSupreme Court, Voting Rights ActRick Hasen

Great to talk again as part of the America at a Crossroads series. Watch:

Dissent lock-stepping in New Mexico

July 6, 2023, 6:23 amlegislation and legislatures, redistrictingDerek Muller

Lock-stepping is the sometimes-derided practice of construing a state constitution in “lock step” with the federal constitution. Derided, because the state constitution may well have an independent meaning rather than a meaning designed to mirror the federal constitution. The practice… Continue reading

“Ongoing Voting Rights Act Redistricting Litigation After SCOTUS Ruling in Allen v. Milligan”

July 5, 2023, 2:45 pmVoting Rights ActRick Hasen

Brennan Center: Proving a Section 2 case is by no means an easy task, especially, as the Milligan opinion noted, at the congressional and state legislative levels. But discrimination against voters of color persists across the country, in part… Continue reading

Vanna White Line-Item Veto Runs Amok in Wisconsin: “Tony Evers uses veto powers to extend annual increases for public schools for the next four centuries”

July 5, 2023, 2:43 pmlegislation and legislaturesRick Hasen

Amazing: Gov. Tony Evers, a former public school educator, used his broad partial veto authority this week to sign into law a new state budget that increases funding for public schools for the next four centuries. The surprise move… Continue reading

New Mexico Supreme Court Recognizes Partisan Gerrymandering Claim under State Constitution, Adopting the Standard in Justice Kagan’s Rucho Dissent

July 5, 2023, 2:31 pmredistrictingRick Hasen

Big! Seems like it could be a “novel” interpretation of the state’s law. Will Democrats argue that it “arrogates” the Legislature’s power under Moore v. Harper as applied to congressional elections?

“John Roberts’ Big Complaint About Elena Kagan Is Deeply Ironic”

July 5, 2023, 10:36 amlegislation and legislatures, Supreme CourtRick Hasen

I have written this piece at Slate. It begins: At the end of his majority opinion for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading

“Q&A: Is the independent state legislature theory dead? Not quite, expert says”

July 5, 2023, 7:53 amlegislation and legislatures, Supreme CourtRick Hasen

Westlaw Today: Election law expert Richard L. Hasen says the U.S. Supreme Court has adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases. Hasen,… Continue reading