Breaking: Over the Dissents of Justices Jackson and Sotomayor, Supreme Court Will Not Review Mississippi Felon Disenfranchisement Law Adopted Long Ago with Discriminatory Purpose
From today’s final order list of the term, this dissent from Justice Jackson from a cert denial in Harness v. Watson:
The President of the 1890 Mississippi Constitutional Convention said it plain: “Let us tell the truth if it bursts… Continue reading
“Former Trump campaign official cooperating with special counsel in 2020 election interference probe”
CNN:
Former Donald Trump campaign official Mike Roman is cooperating with prosecutors from special counsel Jack Smith’s team in the ongoing criminal probe related to efforts to overturn the 2020 election, two sources familiar with the matter told CNN.
One… Continue reading
A brief follow-up on Moore v. Harper
Carolyn Shapiro has written a thoughtful response to my previous post. I offer a couple of quick additional points:
First, my characterization of how the majority of SCOTUS perceives what the Pennsylvania Supreme Court did in 2020 (in… Continue reading
Rob Yablon: “Moore v. Harper and the Purcell Principle”
The following is a guest post from Rob Yablon:
Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading
Carolyn Shapiro: “Moore v. Harper and state courts”
The following is a guest post from Carolyn Shapiro:
As others have already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading
Watch Archived Video of the Safeguarding Democracy Project Flash Webinar: “U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision”
This was a great conversation that I moderated with Carolyn Shapiro, Bertrall Ross, Rick Pildes, and Derek Muller. You can watch here:
“Tens of thousands of Pa. mail ballots will be thrown out in the 2024 presidential election”
Philly Inquirer:
Tens of thousands of Pennsylvania ballots will be thrown out in next year’s presidential election as mail voting continues to evolve.
And those rejected votes — coming disproportionately from Democrats, older voters, and Black, Latino, and low-income neighborhoods… Continue reading
Little Discussion of the Voting Rights Act and Racial Gerrymandering Claims in Today’s Affirmative Action in Education Ruling
Chief Justice Roberts’ majority opinion in Students for Fair Admissions makes a fleeting reference to the Voting Rights Act and cites some racial gerrymandering cases (including Shaw v. Reno and Miller v. Johnson) for certain propositions about considerations of race… Continue reading
Roberts’ Majority Opinion Preserving the Status Quo in Alabama Voting Rights Act Case Must Be Seen in Light of His Killing of Affirmative Action in Education in Today’s Students for Fair Admissions Case
A few weeks ago, after the Supreme Court preserved the (weak) status quo for Section 2 of the Voting Rights Act in Allen v. Milligan, I wrote in the NY Times:
The big mystery is why Chief Justice… Continue reading
“Lawsuit takes aim at Va. law stripping felons of voting rights”
WaPo:
Several advocacy groups filed a federal lawsuit Monday alleging a Virginia law that automatically stripped the right to vote from more than 300,000 convicted felons is an illegal vestige of historical efforts to keep Black residents from casting ballots.… Continue reading
Expect Many More Lawsuits in Federal Court Against the Actions of State and Local Election Officials after Moore v. Harper
(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. Harper that creates something of a time bomb for litigation.)
Expect many more… Continue reading
Giuliani Asked About Fake Electors Plan by DOJ Prosecutors
NYT:
A proffer agreement is an understanding between prosecutors and people who are subjects of criminal investigations that can precede a formal cooperation deal. The subjects agree to provide useful information to the government, sometimes to tell their side of… Continue reading
ELB Podcast 4:10: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper
New ELB Podcast (the Season 4 Finale!):
What are the implications of the Supreme Court’s decision in Moore v. Harper for American democracy?
What will the case mean for 2024 election challenges?
Does the decision shut down attempts to submit… Continue reading