Rosemarie Zagarri has posted this draft on SSRN. Here is the abstract: This Essay explores historical evidence from the Founding Era underlying Art. 1, Sec. 4 of the US Constitution (and related clauses) that delegate certain powers to state legislatures… Continue reading

Dana Milbank column: f the midterm elections degenerate into chaos in a couple of weeks — a very real possibility — then Nevada is poised to lead the way. Indeed, the chaos here has already begun.The election supervisors in 10… Continue reading

NYT: The House committee investigating the Jan. 6 attack issued a subpoena on Friday to Donald J. Trump, paving the way for a potentially historic court fight over whether Congress can compel testimony from a former president.The subpoena was… Continue reading

Philly Inquirer: The Pennsylvania Supreme Court on Friday cleared the way for counties to help voters fix errors like missing signatures on mail ballots before Election Day.A lower court last month denied an attempt to block counties from helping voters… Continue reading

AP: U.S. Sen. Lindsey Graham on Friday asked the U.S. Supreme Court to intervene after a lower court ordered him to testify before a special grand jury in Georgia investigating whether then-President Donald Trump and others illegally tried to influence… Continue reading

Axios: A senior White House lawyer expressed concerns to President Trump’s advisers and attorneys about the president signing a sworn court statement verifying inaccurate evidence of voter fraud, according to emails from December 2020 obtained by Axios.Why it matters: The… Continue reading

Link to recent ABA program.

AJC: As early voting is underway in Georgia’s first general election since the razor-thin 2020 presidential contest, law enforcement and election officials are watching for disruptions by radicalized individuals feeding off conspiracy theories and disproven allegations of fraud.This year’s… Continue reading

VOA on Purcell.

NYT: Officials from Harris County in Texas on Thursday requested federal election monitors from the Justice Department’s Civil Rights Division after the State of Texas confirmed this week that it would send a contingent of election inspectors there during the… Continue reading