A brief follow-up on Moore v. Harper

June 29, 2023, 4:19 pmUncategorizedNed Foley

Carolyn Shapiro has written a thoughtful response to my previous post. I offer a couple of quick additional points: First, my characterization of how the majority of SCOTUS perceives what the Pennsylvania Supreme Court did in 2020 (in… Continue reading

Rob Yablon: “Moore v. Harper and the Purcell Principle”

June 29, 2023, 3:35 pmelection administration, legislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Rob Yablon: Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading

Carolyn Shapiro: “Moore v. Harper and state courts”

June 29, 2023, 2:30 pmlegislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

The following is a guest post from Carolyn Shapiro: As others have already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading

Watch Archived Video of the Safeguarding Democracy Project Flash Webinar: “U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision”

June 29, 2023, 2:20 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

This was a great conversation that I moderated with Carolyn Shapiro, Bertrall Ross, Rick Pildes, and Derek Muller. You can watch here:

“Tens of thousands of Pa. mail ballots will be thrown out in the 2024 presidential election”

June 29, 2023, 9:03 amabsentee ballots, election administrationRick Hasen

Philly Inquirer: Tens of thousands of Pennsylvania ballots will be thrown out in next year’s presidential election as mail voting continues to evolve. And those rejected votes — coming disproportionately from Democrats, older voters, and Black, Latino, and low-income neighborhoods… Continue reading

Little Discussion of the Voting Rights Act and Racial Gerrymandering Claims in Today’s Affirmative Action in Education Ruling

June 29, 2023, 8:11 amSupreme Court, Voting Rights ActRick Hasen

Chief Justice Roberts’ majority opinion in Students for Fair Admissions makes a fleeting reference to the Voting Rights Act and cites some racial gerrymandering cases (including Shaw v. Reno and Miller v. Johnson) for certain propositions about considerations of race… Continue reading

Roberts’ Majority Opinion Preserving the Status Quo in Alabama Voting Rights Act Case Must Be Seen in Light of His Killing of Affirmative Action in Education in Today’s Students for Fair Admissions Case

June 29, 2023, 7:28 amSupreme Court, Voting Rights ActRick Hasen

A few weeks ago, after the Supreme Court preserved the (weak) status quo for Section 2 of the Voting Rights Act in Allen v. Milligan, I wrote in the NY Times: The big mystery is why Chief Justice… Continue reading

“Lawsuit takes aim at Va. law stripping felons of voting rights”

June 29, 2023, 6:41 amfelon votingRick Hasen

WaPo: Several advocacy groups filed a federal lawsuit Monday alleging a Virginia law that automatically stripped the right to vote from more than 300,000 convicted felons is an illegal vestige of historical efforts to keep Black residents from casting ballots.… Continue reading

Expect Many More Lawsuits in Federal Court Against the Actions of State and Local Election Officials after Moore v. Harper

June 28, 2023, 5:51 pmelection administration, legislation and legislatures, Supreme Court, The Voting WarsRick Hasen

(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. Harper that creates something of a time bomb for litigation.) Expect many more… Continue reading

Giuliani Asked About Fake Electors Plan by DOJ Prosecutors

June 28, 2023, 5:34 pmchicanery, election subversion riskRick Hasen

NYT: A proffer agreement is an understanding between prosecutors and people who are subjects of criminal investigations that can precede a formal cooperation deal. The subjects agree to provide useful information to the government, sometimes to tell their side of… Continue reading

ELB Podcast 4:10: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

June 28, 2023, 5:15 pmELB Podcast, legislation and legislatures, Supreme Court, The Voting WarsRick Hasen

New ELB Podcast (the Season 4 Finale!): What are the implications of the Supreme Court’s decision in Moore v. Harper for American democracy? What will the case mean for 2024 election challenges? Does the decision shut down attempts to submit… Continue reading

“Liberal wins at the Supreme Court may prove to be fleeting”

June 28, 2023, 5:12 pmSupreme CourtRick Hasen

Lawrence Hurley for NBC News: In several recent rulings, the Supreme Court unexpectedly handed wins to liberal advocates on election law, minority voting rights and Native American issues, but all three rulings were not conclusive. That means contentious issues could… Continue reading

“As pressure mounts to fix Pinal’s problems, elections director resigns”

June 28, 2023, 3:43 pmUncategorizedRick Hasen

Votebeat: Pinal County’s elections director abruptly resigned this week after facing harsh criticism from the county GOP. Her scathing resignation letter led many to compare her departure to those of other elections directors across the country who… Continue reading