Out Today: The Paperback Edition of Cheap Speech

November 21, 2023, 7:32 amcheap speechRick Hasen

I’m pleased to share that the paperback edition of Cheap Speech is out today, and it seems more relevant than ever with concerns about generative AI’s potential for creating deep fakes affecting elections: An informed and practical road map for… Continue reading

Travis Crum: “The Eighth Circuit’s Other Jurisdictional Problem”

November 21, 2023, 7:28 amVoting Rights ActRick Hasen

The following is a guest post from Travis Crum: In Arkansas State Conference of the NAACP v. Arkansas Board of Apportionment, a divided panel of the Eighth Circuit muddied the VRA’s jurisdictional waters. The Eighth Circuit, in an… Continue reading

“The Nomination and Election of Statewide Candidates”

November 20, 2023, 6:10 pmUncategorizedNed Foley

I’ve posted on SSRN a substantially revised version of this article, which will be published in the University of Illinois Law Review as part of a symposium issue. The revisions reflect the many extremely helpful comments I’ve received on… Continue reading

“Trump’s Dire Words Raise New Fears About His Authoritarian Bent”

November 20, 2023, 5:46 pmelection subversion riskRick Hasen

NYT: Donald J. Trump rose to power with political campaigns that largely attacked external targets, including immigration from predominantly Muslim countries and from south of the United States-Mexico border. But now, in his third presidential bid, some of his most… Continue reading

Watch Archived Video of SDP Webinar, “Covering the Risks to Elections on the State and Local Level: Views from the Beat Reporters” with Pam Fessler, Jonathan Lai, Carrie Levine, Patrick Marley, and Yvonne Wingett Sanchez

November 20, 2023, 4:36 pmcheap speech, election subversion riskRick Hasen

Great discussion that you can watch here:

Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain

November 20, 2023, 8:38 amSupreme Court, Voting Rights ActRick Hasen

Derek just blogged about this divided decision of the Eighth Circuit. It’s hard to overstate how important and detrimental this decision would be if allowed to stand: the vast majority of claims to enforce section 2 of the Voting Rights… Continue reading

Divided 8th Circuit panel finds Section 2 of the Voting Rights Act does not allow private plaintiffs to sue

November 20, 2023, 8:20 amVoting Rights ActDerek Muller

Judge Stras, joined by Judge Gruender, affirming the district court. From the opening in Arkansas State Conference of the NAACP v. Arkansas Board of Apportionment: “Did Congress give private plaintiffs the ability to sue under § 2 of the… Continue reading

“Intense questioning from D.C. appeals court over Trump gag order”

November 20, 2023, 7:42 amUncategorizedRick Hasen

WaPo live blog of oral arguments.

State power and the Term Limits v. Thornton problem in Anderson v. Griswold

November 19, 2023, 7:17 pmlegislation and legislatures, political partiesDerek Muller

The bulk of the analysis in Anderson v. Griswold, which held that Donald Trump can appear on the primary ballot in Colorado, has been a matter I’ve been puzzling this weekend. Most of the opinion is not essential to… Continue reading

“Opinion: A new congressional map in New York for 2024? A big ‘if’ and ‘when'”

November 19, 2023, 10:55 amredistrictingRick Hasen

Jeff Wice oped: Thursday’s spirited, nearly two-hour court hearing may lead to a very closely divided court decision. Chief Judge Rowan Wilson and Associate Justices Jenny Rivera and Shirley Troutman all dissented in last year’s ruling, and stated that redistricting… Continue reading

Must-Read Dan Balz: “Voters must take Trump seriously and literally. The stakes are that high.”

November 18, 2023, 4:55 pmelection subversion riskRick Hasen

Balz in WaPo: The headline on the cover of the latest issue of the Economist magazine does not mince words: “Donald Trump poses the biggest danger to the world in 2024.” The alarm is twofold. First, that the former president… Continue reading

“Fears of political violence are growing as the 2024 campaign heats up and conspiracy theories evolve”

November 18, 2023, 4:51 pmelection subversion riskRick Hasen

AP: The man who bludgeoned former House Speaker Nancy Pelosi’s husband with a hammer last year consumed a steady diet of right-wing conspiracy theories before an attack that took place with the midterm elections less than two weeks away. As… Continue reading

“Judge finds Voting Rights Act violation in North Dakota redistricting for two tribes”

November 18, 2023, 4:50 pmredistricting, Voting Rights ActRick Hasen

AP: North Dakota’s 2021 legislative redistricting plan violates the rights of two Native American tribes because it dilutes their voting strength, a federal judge ruled Friday. U.S. District Chief Judge Peter Welte said the redrawn legislative districts violated the Voting… Continue reading

Breaking: “Colorado judge rules Trump ‘engaged in an insurrection’ — but can still run for president”; Thoughts on What It Means and What’s Next

November 17, 2023, 4:56 pmballot access, election subversion riskRick Hasen

Politico: A Colorado judge has turned away a challenge looking to disqualify former President Donald Trump from running for president under an interpretation of the 14th Amendment that argued he engaged in insurrection against the United States on Jan. 6,… Continue reading