Conversation on Colorado Case

February 7, 2024, 2:53 pmUncategorizedNed Foley

On Monday, the University of Arizona law school held a conversation on the pending U.S. Supreme Court case from Colorado involving the question whether Trump is disqualified by section 3 of the Fourteenth Amendment. Andy Coan, the director of the… Continue reading

Chuck Todd on the “FUBAR” Congress & What to Do about It

February 7, 2024, 2:37 pmUncategorizedNed Foley

Chuck Todd of NBC starts his new column: “Yes, democracy is messy. … But there’s messy — and then there’s the current state of American politics.” He astutely attributes the problem to the new information–and disinformation–ecosystem that has arisen… Continue reading

“How an ‘Ice Cream Truck’ for Voting Could Stop Pennsylvania Ballots from Being Tossed”

February 7, 2024, 12:23 pmUncategorizedRick Hasen

Bolts: Neil Makhija spent years promoting voter turnout in South Asian communities, and, as a professor of election law at the University of Pennsylvania, teaching new generations of attorneys about the fragility of the right to vote. But in 2020,… Continue reading

“Losing legitimacy: The challenges of the Dobbs ruling to conventional legitimacy theory”

February 7, 2024, 12:22 pmSupreme CourtRick Hasen

Jim Gibson in AJPS. Abstract: Extant research has established that displeasure with a Supreme Court ruling typically has negligible consequences for institutional support, largely because, as legitimacy theory’s positivity bias explains, judicial decisions are invariably delivered with the accoutrements of… Continue reading

I Will Be Live-Blogging Thursday’s Oral Arguments in Trump Disqualification Case at Election Law Blog, as Well as Providing Commentary on NPR’s Special Coverage

February 7, 2024, 11:43 amSupreme CourtRick Hasen

Readers will have to refresh the link I will post to get my comments on the case. I should be on NPR before and perhaps after the oral arguments start. And I’m tentatively set for some television appearances tomorrow as… Continue reading

More confirmation of need to end partisan primaries

February 7, 2024, 9:19 amUncategorizedNed Foley

Since writing the new Common Ground Democracy column “Collapse of Border Bill Proves Need for Electoral Reform,” I now see Paul Kane’s column this morning providing further evidence that partisan primaries are preventing congressional Republicans from governing in the national… Continue reading

“Collapse of Border Bill Proves Need for Electoral Reform”

February 7, 2024, 8:02 amUncategorizedNed Foley

New Common Ground Democracy column with this subtitle: “The debacle is confirmation that the primary (meaning “main”) problem is the primary (meaning “partisan preliminary election”) problem.”

My New one at Slate: “Donald Trump Is Asking the Supreme Court for the Bush v. Gore Treatment”

February 7, 2024, 7:24 amballot access, election subversion risk, Supreme CourtRick Hasen

I have written this article for Slate. It begins: The Supreme Court will soon be under the microscope like it hasn’t been since it ended the disputed 2000 U.S. presidential election in Bush v. Gore, as it considers not… Continue reading

“Some college students find it harder to vote under new Republican laws”

February 7, 2024, 7:22 amUncategorizedRick Hasen

WaPo reports.

“A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election”

February 7, 2024, 7:19 amelection law bizRick Hasen

Great Charlie Savage NYT profile of Seth Barrett Tillman, brainchild behind the odd “officer of the United States” argument taking center stage at the Trump disqualification oral argument tomorrow at the Supreme Court.

Watch Archived Video of Safeguarding Democracy Project Webinar with Renee DiResta, Kate Klonick, Charles Stewart and Kim Wyman on How to Have a Fair and Safe 2024 Election

February 7, 2024, 7:11 amcheap speech, election administration, election subversion riskRick Hasen

Great conversation here:

“If SCOTUS Won’t Enforce the 14th Amendment, We Should Worry How They’ll Handle the 22nd”

February 7, 2024, 7:08 amelection subversion risk, Supreme CourtRick Hasen

Ian Bassin for Lawfare: Fast forward to August of this year: The Democrats are convening in Chicago to make their presidential nomination official. Behind the scenes, a secret scramble is in the works. With polling continuing to show the incumbent… Continue reading