Point/Counterpoint on Mandatory Voting with Miles Rapoport and Andy Craig
Miles in the affirmative and Andy Craig in the negative.
Listen to Slate “Amicus” Podcast with Joan Biskupic, Dahlia Lithwick, and Me: “Somewhere John Roberts Is Screaming Into an Expensive Pillow; How does SCOTUS even operate in this environment?”
I had a great conversation with Dahlia Lithwick and Joan Biskupic on the Slate Amicus podcast about the weird state of the Supreme Court before the coming storm and the Court’s intersection with the January 6 investigation.
You can listen… Continue reading
“The Supreme Court, Public Opinion and the Fate of Roe”
Adam Liptak NYT Sidebar column:
But is there indeed evidence that public opinion influences the court?The justices themselves have suggested that there is at least a correlation between the popular will and judicial outcomes.“Rare indeed is the legal victory… Continue reading
“Pennsylvania’s congressional map returns to the court”
SCOTUSBlog:
Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. When the justices deny an emergency application, however, that is not necessarily the end… Continue reading
Jack Goldsmith: “Prosecute Trump? Put Yourself in Merrick Garland’s Shoes.”
Important and nuanced column from Jack Goldsmith in the NYT:
The evidence gathered by the Jan. 6 committee and in some of the federal cases against those involved in the Capitol attack pose for Attorney General Merrick Garland one of… Continue reading
Jennifer Rubin: “The Jan. 6 hearings show urgency of Electoral Count Act reform”
Jennifer Rubin WaPo column:
The ECA reforms that negotiators have discussed, if in place in 2020, could have acted as a tripwire — if not a complete barrier — to the efforts to overturn the election. Specifically, there are… Continue reading
“Trump campaign documents give inside look at fake-elector plan”
WaPo:
At the time, the gatherings seemed a slapdash, desperate attempt to mimic President Donald Trump’s refusal to concede.But internal campaign emails and memos revealthat the convening of the fake electors appeared to be a much more concerted strategy, intended… Continue reading
Walter Horn Reviews My “Cheap Speech” Book for 3:16
You can read the review here.
“Texas Republicans Approve Far-Right Platform Declaring Biden’s Election Illegitimate”
NYT:
The Republican Party in Texas made a series of far-right declarations as part of its official party platform over the weekend, claiming that President Biden was not legitimately elected, issuing a “rebuke” to Senator John Cornyn for… Continue reading
Thanks to Tabatha, Guy, and Ned…with More Summer ELB Bloggers to Come
Election law does not take the summer off, and I’ve been grateful to Tabatha, Guy, and Ned for serving as primary bloggers these last few weeks. There’s so much to cover and comment on, and they’ve done it beautifully.
I’m… Continue reading
“Justices seem poised to hear elections case pressed by GOP”
AP previews the possible news this week that SCOTUS may grant review of the North Carolina case raising the so-called “independent state legislature” doctrine. As we wait, it’s worth remembering this: whatever one thinks of the doctrine itself, it cannot… Continue reading
“Judge tosses Brnovich’s suit vs. Hobbs’ election procedures plan”
“In Constitutional Crises, Democracies Aren’t Always Democratic”
Max Fisher in the N.Y. Times discusses scholarship on how political elites handle constitutional crises over election outcomes in democracies. This research shows that presidential systems are more vulnerable to elite subversion of the electorate’s will than parliamentary systems, a… Continue reading
Is Trump’s 12-page rant part of a potential criminal defense?
Michael Schmidt and Maggie Haberman report that “M. Evan Corcoran, a white-collar defense lawyer and former federal prosecutor brought on by Mr. Trump, was involved in drafting the document, according to two people briefed on the matter.”