“Why Tribalism Took Over Our Politics”

August 27, 2023, 7:43 ampolitical polarization, The Voting WarsRick Hasen

WSJ: Ahead of his arrest on Thursday in Georgia, Donald Trump repeatedly told his supporters about the legal peril he faced from charges of election interference. But the danger wasn’t his alone, he said. “In the end, they’re not coming after… Continue reading

“Johnson says Wisconsin fake electors should not face charges for ‘political activity'”

August 26, 2023, 3:54 pmUncategorizedRick Hasen

Milwaukee Journal-Sentinel: Ten Republicans who signed paperwork claiming to be electors for Donald Trump in 2020 after he lost reelection should not face criminal charges, U.S. Sen Ron Johnson said Friday. The Republican senator described the actions by the group… Continue reading

“Dems tap Obama for crucial redistricting push”

August 26, 2023, 3:52 pmredistrictingRick Hasen

Politico: The House majority next year could be determined in a state-by-state fight over redistricting that’s taking place right now. And Democrats are calling in the big guns. Former President Barack Obama hosted a fundraiser for the National Democratic Redistricting… Continue reading

Section 3 Disqualification–and a No Labels Ticket

August 26, 2023, 12:11 pmUncategorizeddisqualification, Section 3, Third PartiesNed Foley

If the U.S. Supreme Court does not rule on the merits of Trump’s status under section 3 of the Fourteenth Amendment before the November 2024 general election, I think we need to start considering how the lingering disqualification issue might… Continue reading

Impeachment and Disqualification

August 26, 2023, 8:03 amUncategorizeddisqualification, Section 3Ned Foley

As part of a thoughtful discussion of Trump’s status under section 3 of the Fourteenth Amendment on this week’s episode of Slate’s Political Gabfest, the point was made that the impeachment process is the Constitution’s method for disqualifying a… Continue reading

Chris Jansing of MSNBC covered section 3 issue

August 25, 2023, 11:43 amUncategorizeddisqualification, Section 3Ned Foley

Brief clip emphasizing the timing point–the need to resolve this issue definitively before the election and not afterwards.

“Is Trump disqualified for the N.H. primary? N.H. secretary of state is seeking legal advice.”

August 25, 2023, 9:46 amUncategorizeddisqualification, Section 3Ned Foley

Boston Globe (behind paywall). Some excerpts: “Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that… Continue reading

“Palm Beach County lawyer files legal challenge to disqualify Trump from 2024 presidential race”

August 25, 2023, 9:16 amUncategorizeddisqualification, Section 3Ned Foley

Palm Beach Post reports: “Boynton Beach tax attorney Lawrence Caplan filed the challenge in federal court in the Southern District of Florida citing the amendment’s “disqualification clause” for those who engage in insurrections and rebellion against the United States. …… Continue reading

“Why Twisting The 14th Amendment To Get Trump Won’t Hold Up In Court”

August 25, 2023, 8:27 amUncategorizeddisqualification, Section 3Ned Foley

John Yoo and Robert Delahunty in The Federalist has an extended analysis of the issue of applying section 3 of the Fourteenth Amendment to Trump. They accept the Baude-Paulsen position “about the continuing relevance of the Constitution’s insurrection clause,” but… Continue reading

Republican Federal Election Commission Commissioner Wants to Hobble the FEC Even More Than It Already Is

August 25, 2023, 7:41 amcampaign finance, federal election commissionRick Hasen

Details. A Republican FEC commissioner has quietly formulated a rules change that would hamstring the Office of General Council (OGC) and slow investigations to a standstill. Here’s the breakdown:— Campaign for Accountability (@Accountable_Org) August 24, 2023

“History Offers Answers in the New Debate Over Trump v. the Constitution”

August 25, 2023, 7:40 amUncategorizeddisqualification, Section 3Ned Foley

Historian Joshua Zeitz in POLITICO Magazine offers some interesting historical context for the current debate on whether section 3 of the Fourteenth Amendment applies to Trump. In particular, he describes the House of Representatives session when ex-Confederates turned up seeking… Continue reading

“House Republicans Begin Investigating Willis as Trump Is Booked”

August 25, 2023, 7:36 amUncategorizedRick Hasen

NYT: House Republicans took aim on Thursday at the Georgia prosecutor bringing a sweeping felony racketeering case against former President Donald J. Trump for his efforts to overturn the 2020 election, moving to investigate the woman pursuing the case just… Continue reading

The laudable Pico decision

August 25, 2023, 7:24 amUncategorizedNicholas Stephanopoulos

Justin and Rick have already noted the California Supreme Court’s major decision yesterday about the CVRA. I wanted to flag a few reasons why the decision is commendable — a model for state voting rights acts (and courts construing state… Continue reading