“Judge Luttig Hopeful on Updates to Electoral Count Act”
NLJ:
A former federal appeals judge has been working behind the scenes for months to help the country avoid another Jan. 6 attack, and he expects that effort to pass Congress next week.
“You had [former President Donald] Trump leading… Continue reading
“Recount requests delay Pennsylvania election certification”
AP:
Five weeks after Election Day, winning candidates in Pennsylvania from governor to Congress are waiting for their victories to become official.
An effort that appears to be at least partially coordinated among conservatives has inundated counties with ballot… Continue reading
“Tech Firms Are Giving Money to Election Deniers Again”
Bloomberg:
Some of the biggest technology and telecom companies jettisoned pledges made in the wake of the US Capitol assault and gave money to reelect lawmakers who voted against certifying Joe Biden’s electoral victory, according to filings reviewed by Bloomberg… Continue reading
Georgia: “The Jolt: Election law changes could roil next legislative session”
AJC:
Nearly two years ago, Georgia lawmakers rewrote state election laws after former President Donald Trump contested his 2020 loss. That led to one of the most contentious legislative clashes in recent state history. Now, another fraught debate over voting… Continue reading
“The Lawfare Podcast: Rick Hasen and Nate Persily on Replatforming Trump on Social Media”
The Lawfare Podcast:
On November 19, Twitter’s new owner Elon Musk announced that he would be reinstating former President Donald Trump’s account on the platform—though so far, Trump hasn’t taken Musk up on the offer, preferring instead to stay on… Continue reading
“January 6, Ambiguously Inciting Speech, and the Overt-Acts Solution”
Alan Rozenshtein and Jed Shugerman have posted this draft on SSRN (forthcoming, Constitutional Commentary). Here is the abstract:
A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the… Continue reading
“Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States”
Gretchen Knaut and Shan Wu in Just Security:
Following his defeat in the 2020 presidential election, former President Donald Trump and some of his close associates seized upon an array of fringe legal theories in their efforts to overturn… Continue reading
“Trump special counsel Jack Smith lost the John Edwards case — what might that mean?”
Fascinating oped from Stephen Weissman:
Attorney General Merrick Garland’s appointment of Jack Smith as special counsel to oversee two federal criminal investigations involving former President Donald Trump was praised by some of Smith’s former Justice Department colleagues, who highlighted his… Continue reading
“Conservative Activist Poured Millions Into Groups Seeking to Influence Supreme Court on Elections and Discrimination”
ProPublica:
Another case that Leo groups have sought to influence is Moore v. Harper, which could have sweeping implications for American democracy. The question posed in the case is whether the Constitution affords state legislatures the power to create… Continue reading
“Why Corporate Treasury Spending Matters: The Hidden Iceberg”
New from CPA.
“Ohio Senate backs voter ID, host of other election changes”
AP:
Ohioans would be required to present photo ID at the voting booth and have fewer days to apply for absentee ballots or to vote early in person under a significantly rewritten bill that sped through committee and floor votes… Continue reading