“No Labels taking next steps in search for presidential candidates for third-party ticket”

May 12, 2023, 11:46 ampolitical polarization, third partiesTabatha Abu El-Haj

Fox News reports that the emergent centrist, No Labels party will be forming a committee to start vetting potential presidential candidates. “No Labels is aiming to get on the ballot in all 50 states in order to be in the… Continue reading

“DeSantis wanted to rewrite press laws. Conservative media helped kill the effort.”

May 12, 2023, 11:35 amUncategorizedDefamation, Free Speech, Misinformation, PressTabatha Abu El-Haj

Recent years have seen an uptick in people worried that the standard set for defamation in New York Times v. Sullivan is too high. The decision, it is said with a good deal of truth, fosters reckless journalism and the… Continue reading

“Election Law in Transition: A Discussion on Fairness, Integrity, and What’s Next”

May 12, 2023, 4:39 amUncategorizedTabatha Abu El-Haj

I am very much looking forward to discussing the future of election law with Judge Restrepo, Michael R. Dimino, Rebecca Green, and Eugene D. Mazo this morning at the 2023 Third Circuit Judicial Conference in Philadelphia. We will be covering… Continue reading

New Review of Issacharoff’s “DEMOCRACY UNMOORED”

May 12, 2023, 4:32 amUncategorizedNew ScholarshipTabatha Abu El-Haj

Walter Horn reviews Sam Issacharoff’s new book, DEMOCRACY UNMOORED: POPULISM AND THE CORRUPTION OF POPULAR SOVEREIGNTY (Oxford University Press 2023).

Lone Judicial Voice Supporting Trump’s Extraordinary Theories Running for PA Supreme Court Seat

May 12, 2023, 4:26 amjudicial elections, political polarizationTabatha Abu El-Haj

Bolts Magazine has an in depth report on the candidacy of Pennsylvania, Appellate Judge Patricia McCullough, entitled “The ‘Stop the Steal’ Judge Who Wants a Seat on Pennsylvania’s Supreme Court.” “‘Republican judges across the country stood up and… Continue reading

“Virginia becomes the latest GOP-governed state to quit a voter data partnership”

May 12, 2023, 4:16 amelection administration, political polarizationTabatha Abu El-Haj

NPR: Virginia on Thursday joined several other Republican-led state in withdrawing from a multistate partnership (ERIC) that until recently was viewed as a bipartisan effort to share voter information. The shift came after “[a] far-right website targeted the organization… Continue reading

Derek Muller Blogging Next Week

May 11, 2023, 1:31 pmUncategorizedRick Hasen

Direct your tips and queries to him. Thanks for the excellent blogging from Justin last week and Tabatha this week!

“Supreme Court overturns public-corruption conviction of Cuomo aide”

May 11, 2023, 12:00 pmbribery, Supreme CourtRick Hasen

WaPo: The Supreme Court on Thursday overturned the 2018 conviction of a former aide to New York Gov. Andrew M. Cuomo (D), once again expressing skepticism of the ways federal prosecutors combat public corruption and influence peddling. The justices took… Continue reading

United States Files Letter in Supreme Court Saying that Moore v. Harper Should Be Dismissed as Moot (This is the “Independent State Legislature” Case)

May 11, 2023, 9:45 amlegislation and legislatures, Supreme CourtRick Hasen

Brief for United States. Update: Common Cause takes the position the case is not moot and the Supreme Court can still decide it. It adds: “Although the Court has pending before it another petition for certiorari raising a similar question… Continue reading

“Ohio GOP passes amendment to make ballot initiatives harder, but voters get to weigh in first”

May 11, 2023, 5:41 amdirect democracyEntrenchment, independent redistricting commissions, Political ResponsivenessTabatha Abu El-Haj

Daily Kos: Following the playbook of several other Republican legislatures, the Ohio legislature is seeking to make the initiative process harder for voters. This is, in my view, the most pernicious iteration of the on-going anti-democratic entrenchment playbook.… Continue reading

Defamation Suit Against Maxine Waters to Proceed

May 11, 2023, 5:24 amUncategorizedDefamation, Free Speech, state courtsTabatha Abu El-Haj

A California Court of Appeals has ruled that Joe E. Collin III’s defamation suit against Representative Maxine Waters can proceed. The case arises out of the 2020 election when Collins and Waters competed to represent California’s 43rd congressional district. During… Continue reading

Coming Feb. 2024: My New Book: “A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy”

May 10, 2023, 8:23 amConstitutional Right to VoteRick Hasen

Very excited to be working with Princeton University Press on this new book. More to come!

DOJ Indictment of George Santos Alleges Campaign Finance Fraud, Conversion of Campaign Funds to Personal Use

May 10, 2023, 7:43 amcampaign finance, chicaneryRick Hasen

Pretty blatant violations of the law if they can be proven. [The headline has been corrected.]

Justice Souter Fought to Avoid Applying “Exacting Scrutiny” to Contribution Limits in McConnell Case

May 10, 2023, 7:40 amcampaign finance, Supreme CourtRick Hasen

Jimmy Hoover for the National Law Journal, examining the Stevens papers: Among the many insights from Stevens’ papers are the once-private internal court memos in which justices offer suggestions or critiques of each other’s draft opinions in particular cases. The… Continue reading

Election Law Blog

The law of politics and the politics of law