Professor Curtis Bradley and Professor Eric Posner have written a thought-provoking empirical paper on how the political question doctrine has operated in the lower courts since Baker: “There have long been debates about the nature, scope, and legitimacy of the political… Continue reading

This Politico piece notes that key members of the House Select Committee on the January 6 Attack are “unimpressed” by the proposed bipartisan ECRA bill: “Rep. Jamie Raskin (D-Md.) called the Senate effort ‘fine and necessary, but not remotely sufficient to meet… Continue reading

This ProPublica investigation tells the story of ten Florida men convicted of felonies and charged with voter fraud.  In 2018, Florida voters passed Amendment 4.  It restored the voting rights of most state residents with felony convictions.  A later law enacted by… Continue reading

Scott Bauer’s Associated Press article addresses whether decertification of the 2020 election is possible.  Recently, the Wisconsin Supreme Court ruled that absentee drop boxes are illegal.  Former President Trump and his allies argue that this 4-3 decision renders any ballots cast… Continue reading

The Milwaukee Journal Sentinel covers a lawsuit seeking to overturn a Wisconsin Supreme Court decision banning some forms of ballot-return assistance.  The four voters bringing suit have severely limited mobility.  They contend that the decision violated their rights under the… Continue reading

This USA Today article describes the U.S. Election Assistance Commission’s survey of voters with disabilities released today.  An estimated 47.2 million voters in the United States have disabilities.  One of the study’s most significant findings is that fifteen percent of… Continue reading

This Associated Press report relates the Wisconsin Dane County Election Security Task Force’s latest findings.  Equipment and election workers in the State’s second largest county face substantial risks.  They are not alone: “Local elections officials around the country have reported… Continue reading

ABC News reports that a judge has disqualified the Fulton County district attorney from subpoenaing a fake elector, asking a grand jury to indict him, and categorizing him as a target of an investigation.  The district attorney, who had held… Continue reading

The editors of the National Review call for Republicans in Congress to endorse the bipartisan bill.  Among its virtues, the ECRA “would explicitly bar state legislatures from overriding an Election Day popular vote by meeting after Election Day to appoint… Continue reading

In this Roll Call opinion, Walter Shapiro urges Democrats in Congress to focus on passing the ECRA over current legislative priorities. 

This New York Times article highlights the Justice Department’s escalating criminal probe into the events of January 6th.  It traces the connections of then-President of the Arizona Senate, Karen Fann, and Arizona State Senator Kelly Townsend.  Both senators sought to… Continue reading

Last Friday, New York City filed a notice of appeal on behalf of Mayor Eric Adams and the New York City Council in Fossella v. Adams.  It signaled its intention to fight a Richmond County judge’s ruling invalidating Local Law… Continue reading

In this New York Times article from last week, Maggie Haberman chronicles a Democratic super PAC’s lawsuit against the Federal Election Commission.  The PAC, American Bridge, seeks to compel the FEC to take action within thirty days against former President… Continue reading

This story discusses a racial gerrymandering suit that Harvard Law School’s Election Law Clinic has filed, together with the ACLU of Florida and the Southern Poverty Law Center, against several Jacksonville City Council districts. Of note to ELB readers, the… Continue reading