Rutgers Law Review Symposium: “The Future Is Unwritten: Reclaiming the Twenty-Sixth Amendment”

March 23, 2023, 11:19 amUncategorizedRick Hasen

Looks like some terrific contributions here: The Future Is Unwritten: Reclaiming the Twenty-Sixth Amendment Yael Bromberg In April 2022, Rutgers University Law Review hosted the first law symposium ever to be dedicated to the Twenty-Sixth Amendment, resulting in this… Continue reading

Richard Bernstein: “The U.S. Supreme Court Should Vacate and Remand in Moore v. Harper”

March 23, 2023, 7:58 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Richard Bernstein, who wrote this amicus brief in Moore v. Harper but who expresses his own views here: Although I wrote and joined an amici brief supporting affirmance in Moore v. Harper, recent… Continue reading

“Fake images of Trump arrest show ‘giant step’ for AI’s disruptive power”

March 23, 2023, 7:35 amcheap speechRick Hasen

WaPo: Eliot Higgins, the founder of the open-source investigative outlet Bellingcat, was reading this week about the expected indictment of Donald Trump when he decided he wanted to visualize it. He turned to an AI art generator, giving the technology… Continue reading

“Arizona Supreme Court rejects most of Kari Lake’s election challenge”

March 23, 2023, 7:26 amrecountsRick Hasen

Arizona Republic: Arizona’s top court has declined to hear Republican gubernatorial candidate Kari Lake’s challenge to her election loss, but kept the case alive by sending one of Lake’s claims back to a county judge to review. Lake asked… Continue reading

“Fox Argues Top Executives Weren’t Involved in Voter Fraud Broadcasts”

March 22, 2023, 5:14 pmUncategorizedRick Hasen

NYT: Fox Corporation executives, including Rupert and Lachlan Murdoch, had no direct involvement in what aired on the company’s cable news channels, and therefore their company should not be found liable in a $1.6 billion defamation case, lawyers for Fox… Continue reading

“Republican Rep. Jim Jordan Issues Sweeping Information Requests to Universities Researching Disinformation”

March 22, 2023, 10:57 amUncategorizedRick Hasen

ProPublica: House Republicans have sent letters to at least three universities and a think tank requesting a broad range of documents related to what it says are the institutions’ contributions to the Biden administration’s “censorship regime.” The letters are the… Continue reading

Wisconsin: “5 takeaways from the only Supreme Court election debate. Daniel Kelly and Janet Protasiewicz take the gloves off.”

March 22, 2023, 7:39 amjudicial electionsRick Hasen

Milwaukee Journal-Sentinel: For nearly an hour, Kelly and Protasiewicz battled at the State Bar of Wisconsin’s headquarters in Madison — accusing each other of running deceitful campaigns and being an unprecedented danger to the state. Protasiewicz called Kelly one of… Continue reading

“Election Obstruction”

March 22, 2023, 7:35 amelection administration, election subversion riskRick Hasen

Jason Marisam has posted this draft on SSRN (forthcoming, UCLA Law Review Discourse). Here is the abstract: In 2020 and 2022, multiple Republican county canvassers refused to perform their ministerial duty to approve election returns, obstructing the official certification of… Continue reading

“DeSantis’s Election Fraud Police Spur Copycat Efforts in GOP-Led States”

March 21, 2023, 5:49 pmUncategorizedRick Hasen

Bloomberg: Four Republican-led states are working to add new police agencies specifically to target voter fraud, following the example set by Florida Governor Ron DeSantis. Florida’s elections cop squad has faltered in its most high-profile cases since launching in July.… Continue reading

“Politico’s Pre-Written Thesis about the Federalist Society Collides with Its Own Reporting”

March 21, 2023, 5:09 pmUncategorizedRick Hasen

Dan McLaughlin at NR responds to a Politico piece that I linked to earlier: One of the saddest sights in journalism is when a writer goes to report on an event with a predetermined story line, puts in the… Continue reading

“The Legal Intricacies That Could Make or Break the Case Against Trump”

March 21, 2023, 4:53 pmUncategorizedRick Hasen

NYT: A New York Times review and interviews with election law experts strongly suggest that New York state prosecutors have never before filed an election law case involving a federal campaign. Bringing an untested case against anyone, let alone a former… Continue reading

“Six people affiliated with the Oath Keepers convicted in Capitol riot”

March 21, 2023, 7:30 amelection subversion riskRick Hasen

WaPo: Six people described by authorities as being affiliated with the right-wing extremist group the Oath Keepers were convicted Monday of numerous federal crimes related to the Jan. 6, 2021, attack on the U.S. Capitol. After a trial in U.S.… Continue reading

“Montgomery County should adopt ranked-choice voting. So should everyplace else.”

March 21, 2023, 7:07 amalternative voting systemsRick Hasen

WaPo editorial.

It appears the Supreme Court will retain jurisdiction over Moore v. Harper, but it’s not a sure thing

March 20, 2023, 3:49 pmSupreme CourtDerek Muller

Earlier this month, I highlighted the confusion around the jurisdictional issue in Moore v. Harper now that the North Carolina Supreme Court granted rehearing in Harper II and is reconsidering the holding in Harper I (i.e., the case the Court… Continue reading