“What the Courts Would Do if the Succession Fire Played Out in Real Life”

May 15, 2023, 5:05 pmElection MeltdownRick Hasen

I have written this piece for Slate (major spoilers!). It begins: As election nightmares go, Sunday night’s episode of the HBO series Succession, “America Decides,” was a doozy. It was the most uncomfortable hour of scripted television I have ever… Continue reading

Supreme Court will hear South Carolina racial gerrymandering case

May 15, 2023, 7:25 amredistrictingDerek Muller

Appeal from a three-judge panel decision in South Carolina in Alexander v. S.C. Conference of the NAACP. Earlier ELB coverage on the panel decision is here. That panel found that South Carolina’s First Congressional District was a racial… Continue reading

ELB Book Corner: Steve Vladeck: “The Most Troubling Side of the Shadow Docket”

May 15, 2023, 7:00 amELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Steve Vladeck, author of the new book, The Shadow Docket. Here is the first of three posts: The subtitle of my new book on the Supreme Court’s “shadow docket,”… Continue reading

“How to Raise $89 Million in Small Donations — And Make It Disappear”

May 15, 2023, 4:39 amcampaign financeDerek Muller

Follow the money at the New York Times: A group of conservative operatives using sophisticated robocalls raised millions of dollars from donors using pro-police and pro-veteran messages. But instead of using the money to promote issues and candidates, an… Continue reading

“AI presents political peril for 2024 with threat to mislead voters”

May 15, 2023, 4:38 amcampaignsDerek Muller

Report from the Associated Press.

Shelby County invoked multiple times in Supreme Court’s opinion on California pork regulation

May 15, 2023, 4:38 amSupreme CourtDerek Muller

It’s a case about the dormant commerce clause and California’s power to prohibit the in-state sale of pork that comes from conditions California deems cruel. But the Supreme Court’s decision last week in National Pork Producers Council v. Ross had… Continue reading

Handing ELB off to Derek Muller

May 15, 2023, 4:15 amUncategorizedTabatha Abu El-Haj

Direct your tips and queries to him. And a big thanks to Rick Hasen. Every time I do this I realize just what a service Rick provides to all of us.

“Lawmakers Sent Millions In Earmarks To Their Spouses’ Employers Despite Reforms”

May 15, 2023, 4:12 amUncategorizedCongress, political corruptonTabatha Abu El-Haj

The theme of corruption, or at least its appearance, continues in the New Gilded Age. This time it is Congress. The Messenger reports on a review of congressional earmarks since their return in 2021. Many had applauded the use… Continue reading

New Issue: Fordham Law Voting Rights and Democracy Forum

May 14, 2023, 4:51 amredistricting, Uncategorizedfelon disenfranchisement, New Scholarship, rank choice votingTabatha Abu El-Haj

Tired of the 24 hour news cycle? Check out the final issue of the inaugural Fordham Law’s Voting Rights and Democracy Forum. With articles written by both established scholars in the field and JD candidates, it is a refreshing change… Continue reading

“Group Tied to Influential Conservative Activist Spent $183 Million in a Year”

May 13, 2023, 3:08 pmUncategorizedGinni Thomas, money in politics, Supreme CourtTabatha Abu El-Haj

N.Y. Times: New filings show that extent of spending by the Marble Freedom Trust, founded by Leonard A. Leo, on moving the federal judiciary to the right, among other things. Mr. Leo is a lawyer and former executive at… Continue reading

“Judge Strikes Down Law Blocking Those Convicted of Public Corruption From Running for Office”

May 13, 2023, 2:58 pmballot accesspublic corruptionTabatha Abu El-Haj

New York Law Journal: A Manhattan judge has struck down as unconstitutional a New York City law that bars those with convictions for public corruption crimes from running for public office.

“The Supreme Court has an electoral ‘bomb’ on its hands. Will it defuse it before 2024?”

May 13, 2023, 2:39 pmUncategorizedIndependent State Legislature Doctrine, Moore v. HarperTabatha Abu El-Haj

Politico explores the issues for the 2024 election raised by the North Carolina Supreme Court’s recent decision which likely moots Moore v. Harper. Justin Levitt extensively quoted along with Marc Elias.

Campaign Finance Games Begin: DeSantis Allies’ Controversial Plan

May 12, 2023, 3:48 pmcampaign financeindependent expenditures, Super PacsTabatha Abu El-Haj

CNBC reports that “Allies of Florida Gov. Ron DeSantis are reportedly planning to execute a controversial money transfer to free up tens of millions of dollars to support his expected 2024 presidential campaign.” This is a further elaboration on a … Continue reading

No Labels Sent Caution by Maine Secretary of State

May 12, 2023, 3:43 pmballot accessTabatha Abu El-Haj

Press Herald reports that the national organization of No Labels has been sent a cease and desist letter from the Secretary of State of Maine for misleading voters in their efforts to gain ballot access. “’Over the past few months,… Continue reading