“Trump faces another 14th Amendment candidacy challenge, this time in Minnesota”

September 12, 2023, 7:35 amUncategorizedRick Hasen

Marshall Cohen for CNN: A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist… Continue reading

“2024: Like No Other Presidential Election in Our History”

September 12, 2023, 7:34 amUncategorizedRick Hasen

Jerry Goldfeder reflects.

Wisconsin: “Senate elections committee votes against keeping elections chief Meagan Wolfe”

September 12, 2023, 7:32 amelection administration, The Voting WarsRick Hasen

Milwaukee Journal-Sentinel: Republicans who control the state Legislature took a step Monday toward firing Wisconsin’s top election official, setting the stage for a court battle over who leads this battleground state’s system of elections just months before voters begin casting… Continue reading

“Trump’s Electoral College Edge Seems to Be Fading”

September 12, 2023, 7:29 amelectoral collegeRick Hasen

NYT‘s “The Tilt:” The early polls show Donald J. Trump and President Biden tied nationwide. Does that mean Mr. Trump has a clear advantage in the battleground states that decide the Electoral College? It’s a reasonable question, and one… Continue reading

Brennan Center Launches “State Court Report”

September 12, 2023, 7:27 amjudicial electionsRick Hasen

Release: Today the Brennan Center for Justice at NYU Law launched State Court Report, a nonpartisan website devoted to state constitutions and courts. It features commentary and analysis by a wide range of experts, including Judge Pierre Bergeron of… Continue reading

“Response by Tax-Exempt Organization Scholars to Request for Information”

September 11, 2023, 9:13 amtax law and election lawRick Hasen

Ellen Aprill, Roger Colinvaux, Brian Galle, Philip Hackney, and Lloyd Mayer (the five who are among the most respected nonprofit tax law scholars in the nation) have posted this piece on SSRN. Here is the abstract: A group of academics… Continue reading

Yen-tu Su: ‘Politics as Markets’ and Phantom Voter Laws

September 11, 2023, 8:56 amPoliticsMarkets25PoliticsMarkets25Rick Hasen

The following is a guest post from Yen-tu Su, part of the symposium on Politics as Markets at 25: Politics as Markets has often been read as a structuralist manifesto for the then emerging field of the law of… Continue reading

ELB Podcast 5:1: The Trump Indictments, the 2024 Elections, and the Public Peace (Ginsberg, Ben-Ghiat, and Kleinfeld)

September 11, 2023, 8:13 amELB Podcast, election subversion riskRick Hasen

New ELB Podcast: Will the multiple indictments and expected trials of former President Donald Trump lead to violence or unrest? Are the risks of political violence in the U.S. increasing or decreasing? What can the United States learn from other… Continue reading

Democracy, Twenty-Five Years On

September 11, 2023, 7:45 amPoliticsMarkets25PoliticsMarkets25Richard Pildes

(This post is co-authored with Sam Issacharoff) Our thanks to Rick Hasen for organizing this symposium and for giving us the chance to revisit our work from 25 years ago. Neither of us had read Politics as Markets in more… Continue reading

“How a New City Council Map of L.A. Turned Into a Political Brawl”

September 11, 2023, 7:32 amredistrictingRick Hasen

NYT: The redistricting battle in Los Angeles underscores how some big city leaders — often Democrats — have used gerrymandering for their political advantage, much the way Republican lawmakers have redrawn legislative lines to secure or expand their control over… Continue reading

“Dems inch toward House majority with recent court wins”

September 11, 2023, 7:30 amredistrictingRick Hasen

Politico: The fundamentals of the 2024 campaign are still taking shape, but one thing is already clear: A flurry of court actions might cost Republicans the House majority. In the past nine days, state and federal judges threw out two… Continue reading

“The political perils of using the 14th Amendment on Trump”

September 10, 2023, 3:58 pmUncategorizedRick Hasen

Aaron Blake for WaPo: To the extent that Democratic secretaries of state and others in the party have entertained the idea of disqualification, it’s been to say that the Supreme Court should decide the issue. (A prominent and Trump-critical Republican… Continue reading

“What Ginni Thomas and Leonard Leo wrought: How a justice’s wife and a key activist started a movement”

September 10, 2023, 2:42 pmcampaign finance, chicanery, Supreme CourtRick Hasen

Very deep dive by Politico’s Heidi Pryzybyla: At the time, the Citizens United ruling was widely expected, as the court had already signaled its intentions. When it came, it upended nearly 100 years of campaign spending restrictions. The conservative legal movement seized… Continue reading