Election litigation after Moore v. Harper–lessons from habeas review of state courts

July 25, 2023, 6:48 amElections Clause, legislation and legislaturesDerek Muller

This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I started with the Takings Clause here. I’ll look… Continue reading

How Criminal Charges Are Affecting the GOP Presidential Race

July 25, 2023, 4:58 amDepartment of Justice, election subversion riskDan Tokaji

Politico Playbook sums it up: “Most observers, including us, have been cautious in predicting the political fallout from the criminal cases engulfing Trump. But the data has been clear. Every act of accountability from the justice system has strengthened Trump’s… Continue reading

“Many redistricting redos pending, but ’24 election outlook unclear”

July 25, 2023, 4:45 amredistrictingDan Tokaji

Roll Call reports on states where there’s still pending or potential action in federal or state court, including Alabama, Louisiana, North Carolina, Wisconsin, Georgia, Ohio, New York, Utah, and South Carolina. You can find state-by-state redistricting updates on 538.

Who has qualified for the first Republican debate?

July 25, 2023, 4:39 amcampaign finance, primariesDan Tokaji

538 reports that six candidates appear to have satisfied both the polling and donor requirements: Donald Trump, Ron DeSantis, Nikki Haley, Tim Scott, Vivek Ramaswamy, and Chris Christie.

“5 things to watch for if Trump is indicted again”

July 25, 2023, 4:34 amDepartment of Justice, election subversion riskDan Tokaji

Aaron Blake’s in WaPo on a potential federal indictment for Trump’s attempt to overturn the 2020 election.

“Jan. 6 Rioter Who Beat Officer With Flagpole Gets Four-Year Sentence”

July 25, 2023, 4:29 amelection subversion riskDan Tokaji

NYT: “The attack by the driver, Peter Stager, produced one of the most disturbing images to emerge from the Capitol attack. Mr. Stager, 44, of Conway, Ark., was captured on video beating the officer, Blake Miller, with the flagpole… Continue reading

“Special counsel scrutinizing February 2020 meeting where Trump praised US election security protections”

July 25, 2023, 4:27 amDepartment of Justice, election subversion riskDan Tokaji

CNN: Special counsel Jack Smith’s office has asked former US officials about a February 2020 Oval Office meeting where then-President Donald Trump praised improvements to the security of US elections, according to multiple people familiar with the matter. In… Continue reading

“Democrats eye Wisconsin high court’s new liberal majority to win abortion and redistricting rulings”

July 25, 2023, 4:26 amcampaign finance, judicial elections, redistrictingDan Tokaji

AP: Wisconsin’s Supreme Court will flip from majority conservative to liberal control in August and Democrats have high hopes the change will lead to the state’s abortion ban being overturned and its maps redrawn to weaken GOP control of… Continue reading

“Club for Growth readies $20m fund to boost Boebert, Gaetz and other McCarthy antagonists”

July 24, 2023, 1:43 pmcampaign financeDan Tokaji

Politico: “The Club for Growth is preparing to spend millions of dollars to help reelect the 20 House Republicans who opposed Kevin McCarthy’s speakership bid…. [A memo to donors obtained by POLITICO] appears intended to spook any McCarthy… Continue reading

“Activists for hand-counting ballots don’t acknowledge drawbacks: More mistakes, time, and money”

July 24, 2023, 1:27 pmelection administration, voting technologyDan Tokaji

Votebeat: “Despite widespread coverage of the follies of hand-counting ballots, the quest to expand use of the method continues. This year alone, there have been 16 bills in 8 states that would ban the use of tabulators. It’s a … Continue reading

“How Republicans flipped America’s state supreme courts”

July 24, 2023, 12:30 pmjudicial electionsDan Tokaji

USA Today has this fascinating deep dive into state high courts, by Aaron Mendelson of Center for Public Integrity. Here’s a taste: In less than a decade, Republican politicians in eight states have transformed their state supreme courts — altering… Continue reading

CAP: “Supreme Court’s Decision in Moore v. Harper Is a Win for Democracy, But Some Questions Remain Unanswered”

July 24, 2023, 9:43 amlegislation and legislatures, Supreme CourtDan Tokaji

Michael Sozan at Center for American Progress: “[E]ven though the Supreme Court jettisoned a sweeping version of the [independent state legislature] theory to the dustbin of history, the post-Moore v. Harper path is not without some degree of risk.… Continue reading

“Court to check if new congressional map in Alabama weakens the power of Black voters”

July 24, 2023, 9:37 amredistricting, Voting Rights ActDan Tokaji

From NPR’s Morning Edition: “The legal fight continues over Alabama’s congressional map. A federal court is set to check if a new map approved by the state’s Republican-controlled Legislature weakens the power of Black voters.” More on this story… Continue reading

“Black man who says he was elected mayor of Alabama town alleges that White leaders are keeping him from position”

July 24, 2023, 5:50 amUncategorizedDan Tokaji

CBS News, on a civil rights complaint with some pretty shocking allegations: Patrick Braxton, 57, is one of several plaintiffs named in Braxton et al v. Stokes et al. The other plaintiffs — James Ballard, Barbara Patrick, Janice Quarles… Continue reading

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