Fourteenth Amendment federalism over Electoral College federalism in Trump v. Anderson

March 4, 2024, 8:54 amelectoral collegeDerek Muller

This sentence, perhaps more than any other, in my judgment, drives the decision in Trump v. Anderson (and the unanimous consensus of the Supreme Court): Because federal officers “‘owe their existence and functions to the united voice of the whole,… Continue reading

How Should We Read Justice Barrett’s Separate Decision in Trump Disqualification Case? Is this 6-3 or 5-4 on Congress’s Power?

March 4, 2024, 7:50 amUncategorizedRick Hasen

Following up on my earlier discussion of today’s ruling, some are asking whether the decision about Congress’s power is really 6-3 and I wrote, or 5-4 given Justice Barrett’s concurrence. Justice Barrett joined Parts I and II.B, but not… Continue reading

Breaking: Supreme Court Unanimously Holds Colorado Cannot Disqualify Trump, But Divides Bitterly 6-3 Over Limits on Congress’s Power to Do So; Gives SCOTUS the Final Word on Trump Disqualification

March 4, 2024, 7:16 amUncategorizedRick Hasen

You can find the Supreme Court’s decision, along with separate opinions of Justice Barrett, and Justices Kagan, Sotomayor, and Jackson (together) at this link. [This post is in progress] The Court unanimously agrees that states cannot enforce Section 3… Continue reading

“More action needed to tackle disinformation and enhance transparency of online platforms: OECD”

March 4, 2024, 6:50 amcheap speechRick Hasen

Release: As roughly half the world’s population prepares to vote in elections, a new OECD report offers the first baseline assessment of how OECD countries are upgrading their governance measures to support an environment where reliable information can thrive, prioritising… Continue reading

Supreme Court Decision in Trump Colorado Disenfranchisement Case Almost Certainly Being Released Monday at 10 am ET (So It’s Technically Out Before Super Tuesday and Colorado Voting) and It Will Not Let Colorado Disqualify Trump

March 3, 2024, 11:45 amSupreme Court, votingRick Hasen

As recently as this weekend, the Supreme Court had not announced that it was going to issue opinions this week. Opinion releases usually happen when the Justices physically take the bench in Court, and the next opportunity for that which… Continue reading

Must-read NYT: “Trump’s Allies Ramp Up Campaign Targeting Voter Rolls”

March 3, 2024, 11:34 amchicanery, voter registrationRick Hasen

NYT: A network of right-wing activists and allies of Donald J. Trump is quietly challenging thousands of voter registrations in critical presidential battleground states, an all-but-unnoticed effort that could have an impact in a close or contentious election. Calling themselves… Continue reading

“Racial Turnout Gap Has Widened With a Weakened Voting Rights Act, Study Finds”

March 2, 2024, 3:27 pmVoting Rights ActRick Hasen

NYT: When the Supreme Court knocked down a core part of the Voting Rights Act in 2013, Chief Justice John G. Roberts Jr. argued that some of the law’s protections against racial discrimination were no longer necessary. He wrote that… Continue reading

“Republicans Hatched a Secret Assault on the Voting Rights Act in Washington State”

March 2, 2024, 3:26 pmredistricting, Supreme CourtRick Hasen

ProPublica: Republican Paul Graves’ work was about to come undone. In the wee hours of Nov. 15, 2021, he and his fellow Republican on Washington state’s independent redistricting commission had finally prevailed on their Democratic counterparts to agree to the … Continue reading

“Colorado votes Tuesday. The Supreme Court hasn’t said if votes for Trump will count.”

March 2, 2024, 3:20 pmUncategorizedRick Hasen

USA Today: No Supreme Court justice seemed eager last month to kick former President Donald Trump off the ballot when they heard Trump’s challenge to the decision in Colorado that he can’t be a candidate. Their apparent agreement on a… Continue reading

“Why Is Trump Getting Special Treatment From the Supreme Court?”

March 2, 2024, 3:17 pmSupreme CourtRick Hasen

Aziz Huq in Politico: To understand how truly remarkable it is that the Supreme Court has agreed to consider former President Donald Trump’s demand for absolute immunity from criminal prosecution, it is necessary to have some sense of how the… Continue reading

“Wisconsin Supreme Court rejects move to reconsider state’s congressional maps”

March 1, 2024, 4:45 pmredistrictingRick Hasen

Milwaukee Journal-Sentinel: The Wisconsin Supreme Court on Friday rejected a request to reconsider the state’s congressional maps ahead of the next election, ensuring the current district boundaries will remain in place for 2024. The court’s decision ends a last-minute push … Continue reading

“‘The Primary Problem’: How hyperpartisan minorities hijacked elections”

March 1, 2024, 3:33 pmUncategorizedNed Foley

I highly recommend listening to Chuck Todd’s podcast with Nick Troiano. They discuss Nick’s important new book “The Primary Solution,” and among other valuable points Nick makes is that the current system of partisan primaries is actually hurting political… Continue reading

“Menendez Ally Pleads Guilty in Bribery Case and Agrees to Cooperate”

March 1, 2024, 2:16 pmbriberyRick Hasen

NYT: Jose Uribe, a former New Jersey insurance broker charged in what prosecutors have described as a broad bribery scheme involving Senator Robert Menendez, pleaded guilty on Friday in Manhattan. Mr. Uribe had been accused of providing Nadine Menendez, the… Continue reading

“Democrats Blew Their Big Opportunity to Make New York Winnable in 2024”

March 1, 2024, 12:42 pmredistrictingRick Hasen

Alexander Sammon for Slate: After over a year in court, millions of dollars on lawyers’ fees, an overhaul of the state’s highest court, and an all-out battle to throw out New York’s congressional districts and replace them with something… Continue reading