“Justice Jackson Joins the Supreme Court, and the Debate Over Originalism”
Great new Adam Liptak Sidebar column in the NYT, with the subhead: “In arguments in a voting rights case, the new justice said history must inform constitutional interpretation, making a liberal case for an idea often associated with conservatives.”
I Spoke to June Grasso of Bloomberg Law Radio About Oral Argument in the Milligan Voting Rights Case
You can listen here.
“A substantial minority of Americans think election fraud could be the reason why their party doesn’t win control of Congress”
Thanks to Tabatha and Franita
for taking the reins of ELB over the last two weeks. It’s a huge effort to keep this going, and having these great scholars pitching in makes a big difference. Thank you!
Did the Postal Service usurp Congress’s authority under the Elections Clause during the 2020 election?
A federal district court judge in Washington, DC just issued a decision in New York v. Biden (originally filed as New York v. Trump). Here are excerpts of New York’s claim under the Elections Clause, filed back in October 2020… Continue reading
Delaware Supreme Court holds that Vote by Mail and Same-Day Voter Registration statutes violate the state constitution
This order from the Delaware Supreme Court affirms in part and reverses in part an earlier Court of Chancery decision resolving the constitutionality of the two statutes. The Court of Chancery found that the Delaware General Assembly, in adopting same… Continue reading
“Trump probe: Fulton jurors seek testimony from Gingrich, Flynn”
The Atlanta Journal-Constitution has the story here.
“The Election-Swinging, Facebook-Fueled, Get-Out-the Vote Machine”
Interesting article on how Democratic-operatives-turned-journalists, who control a number of progressive media outlets, are using Facebook’s powerful ad targeting tools to increase voter turnout and shape political thinking.
Anachronistic views of state courts and Moore v. Harper
I’ve had my share of skepticism here at ELB over the legislature’s claims in Moore v. Harper, including questions about whether there is a consistent, judicially-manageable standard that the petitioners could articulate, and whether there is a political question … Continue reading
“Facebook intentionally violated WA campaign finance law 822 times”
The Seattle Times reports.
“Faulty Textbooks: The Strip Mining of Anthony Downs’ ‘Economic Theory of Democracy'”
New article by Steven Hill at DemocracySOS that does a deep dive into Anthony Downs’ seminal work, Economic Theory of Democracy, and its ramifications for today’s politics. In particular, the article focuses on how Downs’ work has been misrepresented so… Continue reading
“RNC seizes on political affiliations of poll workers in swing states”
The Washington Post reports that there have been increased efforts to recruit partisan poll workers in swing states. Notably, Republicans have filed lawsuits in a number of swing states challenging the regulations that govern poll workers, seeking to make the… Continue reading
“Can Stakeholders Mobilize Businesses for the Protection of Democracy? Evidence from the U.S. Capitol Insurrection”
New article by Zhao Li and Richard Disalvo in the American Political Science Review. The abstract reads:An unprecedented number of major U.S. companies announced changes to their campaign contributions following the Capitol insurrection on January 6, 2021. We analyze the… Continue reading