“Wisconsin Supreme Court rules Marsy’s Law was properly enacted into law”

May 16, 2023, 9:14 amvoter initiativesDerek Muller

Molly Beck in the Milwaukee Journal Sentinel: The Wisconsin Supreme Court has rejected a challenge to a constitutional amendment known as Marsy’s Law aimed at expanding and strengthening the rights of crime victims. The 6-1 decision released Tuesday by… Continue reading

“Kari Lake’s latest election challenge on ballot envelope signatures is headed to trial”

May 16, 2023, 9:13 amabsentee ballotsDerek Muller

Arizona Republic: Former Republican gubernatorial candidate Kari Lake is headed for a second trial in her election challenge, a case that has lasted nearly seven months beyond her loss to Arizona Gov. Katie Hobbs in November. In a ruling… Continue reading

“In Black-led Compton, a Latino majority fights for political power”

May 16, 2023, 9:13 amredistrictingDerek Muller

Washington Post.

Cleta Mitchell’s Fear of Democracy

May 16, 2023, 7:11 amelection subversion risk, fraudulent fraud squadRick Hasen

The New York Times reported last week on an under-the-radar effort pushed by a bunch of Republican-backed dark money groups to enact new voting restrictions in time for the 2024 elections. As the group Documented has shown, in the center… Continue reading

ELB Book Corner: Steve Vladeck: “Purcell and the Partisan Valence of the Supreme Court’s 2020 Election Cases”

May 16, 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 second of three posts: Yesterday’s post introduced the discussion of election cases in my new book… Continue reading

Media roundup of the appeal in Alexander v. South Carolina State Conference of the NAACP

May 16, 2023, 4:42 amredistricting, Supreme CourtDerek Muller

Bloomberg CNN New York Times Politico SCOTUSblog Washington Post

“3 senators apparently barred from reelection as Republican boycott of Oregon Senate continues”

May 16, 2023, 4:41 amlegislation and legislaturesDerek Muller

The Oregonian: Republicans continued their boycott of the state Capitol for a 10th day Monday, leading to the apparent disqualification of two Republicans and one Independent from reelection due to a new, voter-approved law. No Republicans nor Sen. Brian… Continue reading

Supreme Court’s skepticism of balancing tests in California pork case (and what it might say for the Anderson-Burdick framework)

May 16, 2023, 4:39 amSupreme CourtDerek Muller

The Supreme Court issued a decision in National Pork Producers Council v. Ross, holding that California may regulate sale of pork products in state even if it may affect interstate commerce. Not much of an election law angle. One… Continue reading

“Atlanta DA Fights Trump’s Bid to End Election Interference Probe”

May 15, 2023, 5:27 pmelectoral collegeDerek Muller

Jan Wolfe in the Wall Street Journal: Atlanta-area prosecutor Fani Willis defended her investigation of Donald Trump, urging a judge to reject the former president’s request to disqualify her from further probing efforts to overturn the November 2020 presidential… Continue reading

“Ohio supermajority amendment opponents sue, arguing ‘no legal basis’ for August election”

May 15, 2023, 5:26 pmvoter initiativesDerek Muller

From the Ohio Capital Journal: State lawmakers approved a measure to ask voters if Ohio should raise the threshold for approving constitutional amendments to 60%. But in an unusual move, they set the August date for that election through… Continue reading

“Representative Gerry Connolly staffers assaulted by man with bat at Virginia office”

May 15, 2023, 5:25 pmlegislation and legislaturesDerek Muller

Washington Post: A man wielding a metal baseball bat assaulted two staffers in the Fairfax City office of Rep. Gerald E. Connolly on Monday, then smashed windows and a computer in an apparent rage after learning that the lawmaker… Continue reading

“FBI Faulted for Its Probe of Russian Meddling in 2016 Campaign”

May 15, 2023, 5:23 pmcampaignsDerek Muller

Wall Street Journal: A special counsel appointed in President Donald Trump’s administration issued a highly critical report on how the FBI handled allegations linking Mr. Trump to Russia in 2016, ending four years of work Monday after having lost… Continue reading

“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