Rick linked earlier today to a new analysis of the risk that a No Labels presidential ticket could cause no candidate to win a majority of electoral votes, triggering the Twelfth Amendment’s antiquated “contingent election” procedure (last used in 1824).… Continue reading
Scott Kafker and Simon Jacobs have posted this draft on SSRN (forthcoming, Wake Forest Law Review). Here is the abstract:
There is a dangerous lack of clarity in the Supreme Court’s recent decision in Moore v. Harper, which held that… Continue reading
ABC News:
Former President Donald Trump’s final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith’s team at least three times this year, including once before a federal grand jury, which came only… Continue reading
Marc Elias has a theory:
One possibility is simply bad legal strategy. Republicans and their attorneys regularly make litigation decisions that defy common sense and at least some of the attorneys in this case have a history of bringing meritless… Continue reading
New from R Street:
In the past several years, various states across the country have experienced delays in reporting their election results. These delays have been especially scrutinized in slow-counting jurisdictions when the window of time between the polls closing… Continue reading
Third Way memo (via Playbook):
Since they launched their third-party presidential effort last year, the No Labels Party has repeated a central refrain: “our bipartisan ticket, led either by a Democrat or a Republican, will not be a spoiler—we are… Continue reading
USA Today:
Ahead of another election cycle that is already shaping up to be contentious, federal and state election officials are in the midst of campaigns of their own to convince wary voters about the integrity of casting their ballots.… Continue reading
Atlanta Journal-Constitution:
Attorney Jenna Ellis on Tuesday became the fourth defendant in the Fulton County election interference case to strike a deal with prosecutors.
In exchange for her cooperation, Ellis pleaded guilty to one count of aiding and abetting… Continue reading
Chris Geidner at Law Dork:
In a late-night filing Monday, Donald Trump’s lawyers argued that the special counsel’s D.C. federal case against Trump should be dismissed on multiple constitutional grounds.
The motion primarily relies upon an argument that there can… Continue reading
The decision in Frank v. Wyoming Secretary of State is here. The 10th Circuit sent the case back to the district court to factor in the 45-day temporal constraint in addition to the geographic constraint.
WaPo:
As Rep. Jim Jordan (R-Ohio) waged his battle to become House speaker, some House Republicans were uncomfortable with the possibility of having an election denier occupying the most powerful legislative seat in the U.S. government heading into a presidential… Continue reading