Richard Winger: “California’s Faulty Rules for Presidential Candidates Running Outside the Two Major Parties”

June 20, 2022, 11:36 amballot accessRick Hasen

Richard Winger, author of Ballot Access News, has written this guest post: California public officials are proud of the state’s protection for voting rights, but there is one area of voting rights in which California procedures are among the… Continue reading

“Man Pleads Guilty to Threatening Election Official”

June 20, 2022, 11:26 amchicaneryRick Hasen

USDOJ release: A Nebraska man pleaded guilty today to making multiple threatening posts on an Instagram page associated with an election official.According to court documents, Travis Ford, 42, of Lincoln, made multiple threats in August 2021 toward the election… Continue reading

“The Influence of Partisanship on Supreme Court Election Law Rulings”

June 20, 2022, 11:24 amSupreme CourtRick Hasen

Anthony Gaughan has posted this draft on SSRN (Notre Dame Journal of Law, Ethics and Public Policy). Here is the abstract: This article examines the role of partisanship in Supreme Court election law rulings. To that end, it surveys the… Continue reading

Point/Counterpoint on Mandatory Voting with Miles Rapoport and Andy Craig

June 20, 2022, 11:21 amvotingRick Hasen

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?”

June 20, 2022, 7:43 amSupreme CourtRick Hasen

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”

June 20, 2022, 7:35 amSupreme CourtRick Hasen

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”

June 20, 2022, 7:28 amredistricting, Supreme CourtRick Hasen

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.”

June 20, 2022, 7:24 amelection subversion riskRick Hasen

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”

June 20, 2022, 7:16 amUncategorizedRick Hasen

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”

June 20, 2022, 7:13 amelection subversion risk, fraudulent fraud squadRick Hasen

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

June 20, 2022, 7:09 amcheap speechRick Hasen

You can read the review here.

“Texas Republicans Approve Far-Right Platform Declaring Biden’s Election Illegitimate”

June 20, 2022, 7:07 amchicanery, fraudulent fraud squadRick Hasen

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

June 20, 2022, 6:16 amUncategorizedRick Hasen

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”

June 19, 2022, 9:14 amUncategorizedNed Foley

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