Eastman Whines About Court’s Ruling in Moore v. Harper

June 27, 2023, 5:24 pmchicanery, election administrationRick Hasen

Jess Bravin for WSJ: John Eastman, a former law professor who advised former President Donald Trump on resisting the 2020 election results, filed a brief for the Claremont Institute backing the GOP position. On Tuesday, he criticized Roberts’s opinion, saying… Continue reading

“How the Supreme Court’s decision on election law could shut the door on future fake electors”

June 27, 2023, 4:57 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

Politico: The Supreme Court’s rejection of a controversial election theory may also have another huge political consequence for future presidential contests: It obliterated the dubious fake elector scheme that Donald Trump deployed in his failed attempt to seize a second… Continue reading

Separating Spin from Reality in the Supreme Court’s Moore v. Harper Case: What Does It Really Mean for American Democracy and What Does It Say About the Supreme Court?

June 27, 2023, 3:29 pmlegislation and legislatures, Supreme CourtRick Hasen

There’s a whole lot of spin out there about the Supreme Court’s 6-3 decision in Moore v. Harper concerning the scope of the “independent state legislature” theory. To hear some progressives tell it, the ISLT theory is dead and democracy … Continue reading

My New One at Slate: “There’s a Time Bomb in Progressives’ Big Supreme Court Voting Case Win”

June 27, 2023, 10:17 amlegislation and legislatures, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: It is indeed a cause for celebration that the United States Supreme Court, on a 6-3 vote in Moore v. Harper, rejected an extreme version of the “independent state legislature”… Continue reading

A few more quick thoughts on Moore

June 27, 2023, 9:08 amBush v. Gore reflections, election law and constitutional law, Elections Clause, legislation and legislatures, redistricting, UncategorizedFranita Tolson

Moore v. Harper, much like Allen v. Milligan, was a shocker for me. Given how the posture of the case had changed, I didn’t expect the justices to reach the merits. I’m glad they did. A few thoughts:1) In some… Continue reading

Moore v. Harper vindicates Rehnquist’s opinion in Bush v. Gore

June 27, 2023, 8:46 amElections Clause, Supreme CourtDerek Muller

The top line takeaway of Moore v. Harper is this: the Supreme Court has slammed the door shut on the argument that the state constitution or state judiciary cannot constrain the state legislature exercising power under the Elections Clause. But… Continue reading

Quick Thoughts on Moore

June 27, 2023, 8:30 amUncategorizedNicholas Stephanopoulos

1. It’s striking how the entire Court accepts Arizona State Legislature and its holding that the Elections Clause doesn’t preclude independent redistricting commissions. Roberts spends two pages discussing the case without suggesting any criticisms (even though he authored a bitter… Continue reading

The Court’s Mixed Message on the Independent State Legislature Theory

June 27, 2023, 7:40 amUncategorizedRichard Pildes

As anticipated after oral argument, the Court rejected the most extreme version of the ISLT. It held that state constitutions continue to bind state legislatures when they regulate national elections. The Court generated a majority decision, though, by deciding the… Continue reading

Breaking: Supreme Court Decides Moore v. Harper, Rejecting Maximalist Version of Independent State Legislature Theory But Giving Federal Courts a Chance to Second Guess Some State Rulings as “Transgressing the Ordinary Bounds of Judicial Review”

June 27, 2023, 7:18 amlegislation and legislatures, Supreme CourtRick Hasen

[This post has been updated.] You can find the ruling at this link. The United States Supreme Court, on a 6-3 vote, has adopted a compromise position on the meaning of the independent state legislature theory. The position of the… Continue reading

“The Jolt: Raffensperger wants ‘robust’ new penalties against election tampering”

June 27, 2023, 6:59 amchicanery, election administrationRick Hasen

AJC: Facing pressure to update Georgia’s voting system software before next year, Secretary of State Brad Raffensperger is pursuing a different angle. He is calling on lawmakers to make tampering with Georgia’s election system a felony carrying a minimum sentence… Continue reading

“Helping States Comply with the Electoral Count Reform Act”

June 27, 2023, 6:53 amelection subversion risk, electoral collegeRick Hasen

Release: In response to the events that unfolded at the Capitol on January 6, 2021, Election Reformers Network was among early voices calling for reform of the Electoral Count Act (ECA), the old and poorly written law used to support… Continue reading

“Justice Dept. asking about 2020 fraud claims as well as fake electors”: “The campaign’s own legal team and data experts cannot verify the bullshit being beamed down from the mothership”

June 26, 2023, 6:20 pmchicanery, election subversion risk, fraudulent fraud squadRick Hasen

WaPo: The Justice Department’s investigation of efforts by Donald Trump and his advisers to overturn the 2020 election results is barreling forward on multiple tracks, according to people familiar with the matter, with prosecutors focused on ads andfundraising pitches claiming… Continue reading