“The Possibility of Majority Winners When Politics is Multidimensional”
The second in a series of Common Ground Democracy essays on the philosophy of democracy and its implications for electoral systems.
“Mike Johnson refuses to say Donald Trump lost the 2020 election to Joe Biden”
USA Today:
House Speaker Mike Johnson, R-La., on Sunday refused to say former President Donald Trump lost the 2020 election to President Joe Biden.
During a heated interview with ABC News’ George Stephanopoulos, Johnson also declined to criticize comments from Donald… Continue reading
“Election denial returns as focus with Vance’s ‘non-answer,’ new Trump indictment details”
“Trump’s Election Bid Is a Wild Card as Supreme Court Term Opens”
Greg Stohr for Bloomberg:
The US Supreme Court opens its new term under the shadow of a presidential election that threatens to create fresh strains at a court already deeply enmeshed in the nation’s political divisions.
Three months after… Continue reading
“The Untold Link Between Justice Alito and Trump’s Election Denying Efforts; Mark Martin floated fringe theories to keep Trump in power. Supreme Court Justice Samuel Alito taught with him — even after January 6.”
Shawn Musgrave for The Intercept:
On the evening of January 6, 2021, retired North Carolina Supreme Court Chief Justice Mark Martin had a nine-minute conversation with former President Donald Trump. This call followed weeks of efforts by Martin to find … Continue reading
“Power for the People: Recognizing the Constitutional Right to Vote for President”
Charlie Martel as written this article for the Cardozo Law Review. Here is the abstract:
This article is an argument for a federal constitutional right to vote for president at a time when voting rights are under grave threat. No… Continue reading
“Arizona labeled longtime residents as citizens without proof for years, leading to voter roll errors”
Votebeat:
Arizona election officials who suddenly discovered that they hadn’t obtained proof of citizenship from nearly 100,000 registered voters were relieved last month when the Arizona Supreme Court ruled that they wouldn’t be required to ask for it before the… Continue reading
Impolitic Podcast: “24 American Election: Legal Fact vs. Fiction”
I was happy to be a guest for this great discussion.
“State attorney general wants L.A. to redraw council districts, confidential document says”
LAT:
California Atty. Gen. Rob Bonta has begun pressing Los Angeles political leaders to sign a legal agreement that would force them to draw new boundaries for the city’s 15 council districts — a dramatic step that could set off… Continue reading
Pennsylvania Supreme Court Will Not Hear Challenges Before Election on Undated/Misdated But Timely Mail in Ballots; Will Not Hear RNC Suit on Curing; Will Hear RNC Case on Due Process Case on Voter Notification to Cure Ballot Defect
A flurry of activity today, on a Saturday, from the Pennsylvania Supreme Court. Perhaps the most important statement is this one coming from the Court per curiam opinion in the undated/misdated timely ballots case: “This Court will neither impose… Continue reading
“Aligning Election Law”
Yesterday was publication day for my new book, Aligning Election Law. The book builds on several earlier articles of mine, and argues that promoting alignment between governmental outputs and popular preferences should be an overarching goal for election law.… Continue reading
The Return of the Independent State Legislature Issue to the Court?
A case out of Montana is going to provide the next test of where the Court stands on the independent state legislature doctrine (ISL). In Moore v. Harper (2023), the Court rejected a more extreme version of the doctrine, but… Continue reading
My New One at Slate: “Jack Smith’s Big New Jan. 6 Brief Is a Major Indictment of the Supreme Court”
I have written this piece for Slate. It begins:
It’s rare to simultaneously feel red hot anger and wistfulness, especially when merely reading a document. But that’s exactly the emotions that washed over me when I read the redacted version… Continue reading
Breaking: Federal District Court Issues Preliminary Injunction Barring Enforcement of California Law Against Election-Related Deepfakes
You can read the 21-page opinion at this link. The key point from the judge is the view that counterspeech is a more narrowly tailored alternative to the regulation of political speech.
I agree with the lower court that California’s… Continue reading