“Dems meddle in Senate primary to advance hardline MAGA Republican”

June 9, 2022, 12:19 pmUncategorizedGuy Charles

Natalie Allison for Politico. From the article: “Colorado isn’t viewed as a prime Republican Senate pickup opportunity this fall — not yet at least.In the hopes of keeping it that way, Democrats are aggressively advancing the campaign of a… Continue reading

“Ten years later, California’s ‘top two’ primary isn’t always what it seems”

June 9, 2022, 12:10 pmUncategorizedCalifornia; Top-two primary; political partiesGuy Charles

John Myers has this piece in the LA Times. From the article: “The promises made by supporters of the top-two primary largely fell into one of three categories: increased participation by the state’s growing number of independent voters, a decrease… Continue reading

My Cheap Speech Book Included in NY Times Roundup of the Four Best Books to Read on Disinformation: “Misdirection, Fake News and Lies: The Best Books to Read on Disinformation”

June 9, 2022, 10:22 amcheap speechRick Hasen

Richard Stengel for the NY Times: The rise in disinformation aided by automatic bots, false personas and troll farms is leading some thinkers to conclude that the marketplace of ideas — the foundation of modern First Amendment law… Continue reading

America’s Redistricting Process Is Breaking Democracy

June 9, 2022, 9:12 amUncategorizedredistrictingGuy Charles

This is a few days old but worth highlighting. In the New Yorker by Sue Halpern (@suehalpernvt). From the piece: “The redistricting process may seem arcane and academic, even negligible, but it is a foundation of representative… Continue reading

Even if the Court Endorses the Independent State Legislature Doctrine, it Would Not Mean State Legislatures Could Appoint Presidential Electors After the Election Has Taken Place

June 9, 2022, 9:09 amUncategorizedRichard Pildes

The Supreme Court is likely to grant a cert. petition, possibly the pending one from North Carolina, on what’s known as the “independent state legislature” issue. The Constitution’s Elections Clause gives state “legislatures” power to regulate national elections; the issue… Continue reading

“The Law of Democratic Disqualification”

June 9, 2022, 9:03 amUncategorizedGuy Charles

A new law review article forthcoming in the California Law Review by Tom Ginsburg (University of Chicago), Aziz Huq (University of Chicago), and David Landau (Florida State University). From the abstract: Almost all constitutions, including our own, contain one or… Continue reading

“The Supreme Court Is Not Supposed to Have This Much Power”

June 9, 2022, 8:58 amUncategorizedJudicial Review; Judicial Supremacy; CongressGuy Charles

Nikolas Bowie and Daphna Renan for The Atlantic. From the piece: “Contrary to what many people have come to believe, judicial supremacy is not in the Constitution, and does not date from the founding era. It took hold of… Continue reading

Supreme Court calls for response in cert petition relating to Michigan term limits

June 9, 2022, 7:31 amSupreme CourtDerek Muller

A petition for cert is pending before the Supreme Court in Kowall v. Benson. The Supreme Court has called for a response, which doesn’t mean they’re granting cert, but at least marginally increases the likelihood that it would do… Continue reading

“Bipartisan Senate group eyes deal ‘this week’ on bill to prevent future coups”

June 9, 2022, 7:27 amUncategorizedRick Hasen

Sahil Kapur for NBC News: As the House committee investigating the Jan. 6 plot prepares to kick off its first public hearing, a bipartisan group of senators huddled Wednesday in the Capitol to negotiate new laws to prevent future candidates… Continue reading

Michigan appeals court finds that proof of compliance with state campaign finance laws is an additional qualification for congressional candidates

June 9, 2022, 6:57 amlegislation and legislaturesDerek Muller

A dispute recently arose out of Michigan’s 13th Congressional District. Michael Griffie challenged Adam Hollier’s candidacy and alleged that Hollier filed “a faulty affidavit of identity attesting that he had no outstanding campaign finance issues.” From the Michigan Court of… Continue reading

Must-read Story from Reveal on True the Vote: “She Helped Create the Big Lie. Records Suggest She Turned It Into a Big Grift”

June 8, 2022, 7:59 pmUncategorizedRick Hasen

Read all of this by Cassandra Jaramillo of Reveal: Over the last two presidential election cycles, True the Vote has raised millions in donations with claims that it discovered tide-turning voter fraud. It’s promised to release its evidence. It never… Continue reading

“How South Dakota Voters Won a Power Struggle With G.O.P. Legislators”

June 8, 2022, 4:49 pmUncategorizedBallot InitiativesGuy Charles

Blake Hounshell wrote this piece for the NY Times. From the article: “Coming on the same night that voters in San Francisco ousted their lightning rod of a district attorney, Chesa Boudin — in what was widely interpreted as a… Continue reading

“Ill-fated DHS disinformation board pursued partnership with social-media platforms to censor content”

June 8, 2022, 4:38 pmUncategorizedDisinformation BoardGuy Charles

Stephen Dinan in the Washington Times. From the article: “The Department of Homeland Security’s ill-fated disinformation board would have been part of an effort to work with private social-media platforms to police their content, two senators revealed Wednesday, citing… Continue reading

The Supreme Court may take territories off the map of the US

June 8, 2022, 4:33 pmUncategorizedCitizenship; Territories; Insular CasesGuy Charles

Stephen Kinzer wrote this commentary the Boston Globe on the issues raised by Fitisemanu v. United States and the Petitioners’ request that the Court overrule the Insular Cases. From the piece: “May the United States rule foreign territories without granting… Continue reading