“3 senators apparently barred from reelection as Republican boycott of Oregon Senate continues”

May 16, 2023, 4:41 amlegislation and legislaturesDerek Muller

The Oregonian: Republicans continued their boycott of the state Capitol for a 10th day Monday, leading to the apparent disqualification of two Republicans and one Independent from reelection due to a new, voter-approved law. No Republicans nor Sen. Brian… Continue reading

Supreme Court’s skepticism of balancing tests in California pork case (and what it might say for the Anderson-Burdick framework)

May 16, 2023, 4:39 amSupreme CourtDerek Muller

The Supreme Court issued a decision in National Pork Producers Council v. Ross, holding that California may regulate sale of pork products in state even if it may affect interstate commerce. Not much of an election law angle. One… Continue reading

“Atlanta DA Fights Trump’s Bid to End Election Interference Probe”

May 15, 2023, 5:27 pmelectoral collegeDerek Muller

Jan Wolfe in the Wall Street Journal: Atlanta-area prosecutor Fani Willis defended her investigation of Donald Trump, urging a judge to reject the former president’s request to disqualify her from further probing efforts to overturn the November 2020 presidential… Continue reading

“Ohio supermajority amendment opponents sue, arguing ‘no legal basis’ for August election”

May 15, 2023, 5:26 pmvoter initiativesDerek Muller

From the Ohio Capital Journal: State lawmakers approved a measure to ask voters if Ohio should raise the threshold for approving constitutional amendments to 60%. But in an unusual move, they set the August date for that election through… Continue reading

“Representative Gerry Connolly staffers assaulted by man with bat at Virginia office”

May 15, 2023, 5:25 pmlegislation and legislaturesDerek Muller

Washington Post: A man wielding a metal baseball bat assaulted two staffers in the Fairfax City office of Rep. Gerald E. Connolly on Monday, then smashed windows and a computer in an apparent rage after learning that the lawmaker… Continue reading

“FBI Faulted for Its Probe of Russian Meddling in 2016 Campaign”

May 15, 2023, 5:23 pmcampaignsDerek Muller

Wall Street Journal: A special counsel appointed in President Donald Trump’s administration issued a highly critical report on how the FBI handled allegations linking Mr. Trump to Russia in 2016, ending four years of work Monday after having lost… Continue reading

“What the Courts Would Do if the Succession Fire Played Out in Real Life”

May 15, 2023, 5:05 pmElection MeltdownRick Hasen

I have written this piece for Slate (major spoilers!). It begins: As election nightmares go, Sunday night’s episode of the HBO series Succession, “America Decides,” was a doozy. It was the most uncomfortable hour of scripted television I have ever… Continue reading

Supreme Court will hear South Carolina racial gerrymandering case

May 15, 2023, 7:25 amredistrictingDerek Muller

Appeal from a three-judge panel decision in South Carolina in Alexander v. S.C. Conference of the NAACP. Earlier ELB coverage on the panel decision is here. That panel found that South Carolina’s First Congressional District was a racial… Continue reading

ELB Book Corner: Steve Vladeck: “The Most Troubling Side of the Shadow Docket”

May 15, 2023, 7:00 amELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Steve Vladeck, author of the new book, The Shadow Docket. Here is the first of three posts: The subtitle of my new book on the Supreme Court’s “shadow docket,”… Continue reading

“How to Raise $89 Million in Small Donations — And Make It Disappear”

May 15, 2023, 4:39 amcampaign financeDerek Muller

Follow the money at the New York Times: A group of conservative operatives using sophisticated robocalls raised millions of dollars from donors using pro-police and pro-veteran messages. But instead of using the money to promote issues and candidates, an… Continue reading

“AI presents political peril for 2024 with threat to mislead voters”

May 15, 2023, 4:38 amcampaignsDerek Muller

Report from the Associated Press.

Shelby County invoked multiple times in Supreme Court’s opinion on California pork regulation

May 15, 2023, 4:38 amSupreme CourtDerek Muller

It’s a case about the dormant commerce clause and California’s power to prohibit the in-state sale of pork that comes from conditions California deems cruel. But the Supreme Court’s decision last week in National Pork Producers Council v. Ross had… Continue reading

Handing ELB off to Derek Muller

May 15, 2023, 4:15 amUncategorizedTabatha Abu El-Haj

Direct your tips and queries to him. And a big thanks to Rick Hasen. Every time I do this I realize just what a service Rick provides to all of us.

“Lawmakers Sent Millions In Earmarks To Their Spouses’ Employers Despite Reforms”

May 15, 2023, 4:12 amUncategorizedCongress, political corruptonTabatha Abu El-Haj

The theme of corruption, or at least its appearance, continues in the New Gilded Age. This time it is Congress. The Messenger reports on a review of congressional earmarks since their return in 2021. Many had applauded the use… Continue reading