“Architects of the Trump Supreme Court See Culmination of Conservative Push”

July 3, 2024, 6:57 amlegislation and legislatures, Supreme CourtRick Hasen

Carl Hulse NYT analysis: Back in 2016, a colleague handed Donald F. McGahn II, then a top legal adviser to the presidential candidate Donald J. Trump, an appeals court opinion that eloquently and powerfully echoed much of what Mr.… Continue reading

Lincoln’s contemplated coup d’etat: immune or not?

July 3, 2024, 4:27 amUncategorizedNed Foley

This post is a revised version of a nonpublic email I sent yesterday. Several who received the email responded by saying that Lincoln example discussed in the email is useful. Therefore, I’m sharing it here. Yesterday the Washington Post ran… Continue reading

Is presidential poisoning of an AG absolutely immune?

July 3, 2024, 4:09 amUncategorizedNed Foley

I wrote the following originally as a nonpublic email but subsequently have been asked to make it publicly available. I do so in the spirit that deliberation among scholars about a new Supreme Court opinion as important as the presidential… Continue reading

The Electoral Count Reform Act and related provisions in Trump v. United States

July 2, 2024, 2:38 pmelectoral collegeDerek Muller

While serving as mere background and description in places, the majority opinion offers some statements that, I imagine, lower courts might find useful in the event future disputes arise relating to presidential elections. From the opinion: . . .… Continue reading

Must-read Adam Liptak: “In a Volatile Term, a Fractured Supreme Court Remade America” (Gift Link)

July 2, 2024, 10:29 amSupreme CourtRick Hasen

Must-read Adam Liptak NYT analysis of the just-completed Supreme Court term: Former President Donald J. Trump had a very good year at the Supreme Court. On Monday, the court ruled that he is substantially immune from prosecution on charges that… Continue reading

“Giuliani Disbarred From the Practice of Law in New York”

July 2, 2024, 10:27 amelection subversion riskRick Hasen

NYT: Rudolph W. Giuliani — the former mayor of New York, top federal prosecutor and a longtime ally of former President Donald J. Trump — has been disbarred from the practice of law effective immediately, a New York State appellate… Continue reading

Presidential Immunity and Partisan Primaries

July 2, 2024, 7:49 amUncategorizedNed Foley

New Common Ground Democracy essay on yesterday’s SCOTUS decision, with this subtitle: “The effort to prosecute Trump criminally is a consequence of the Senate’s failure to convict him in the impeachment case, and why did the Senate fail in this?… Continue reading

The Supreme Court’s Irresponsible Murkiness Over Whether the President Could Remove His Attorney General by Poisoning Him in the New Trump Immunity Case

July 2, 2024, 7:40 amauthoritarian threats in USRick Hasen

Under the Supreme Court’s ruling in yesterday’s Trump v. United States case, does an official act clearly within the power of the president to undertake become an “unofficial act” not subject to immunity if the President uses what would be… Continue reading

“Ruling Further Slows Trump Election Case but Opens Door to Airing of Evidence”

July 2, 2024, 7:05 amUncategorizedRick Hasen

NYT: The Supreme Court’s decision on Monday about executive immunity makes it all but certain that former President Donald J. Trump will not stand trial on charges of seeking to overturn the last election before voters decide whether to… Continue reading

“Supreme Court’s Trump immunity ruling poses risk for democracy, experts say”

July 2, 2024, 7:02 amauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

WaPo: In its immunity decision Monday, the Supreme Court emphasized the long-cherished ideal that no one in America is above the law, not even the president. The court’s dissenters and a chorus of critics said the majority had undercut that… Continue reading

“Cash Crunch Squeezes Kennedy Amid Costly Fight for Ballot Spots”

July 2, 2024, 7:01 amballot access, campaign financeRick Hasen

NYT: Robert F. Kennedy Jr.’s independent presidential campaign is spending heavily, amassing steep debts and resorting to layoffs as it becomes almost singularly focused on the costly effort of placing his name on state ballots. The troubles, laid bare in… Continue reading

Utah Supreme Court blocks federal candidate age limit initiative from ballot

July 2, 2024, 7:00 amvoter initiativesDerek Muller

North Dakota voters recently approved an initiative that would bar congressional candidates over the age of 81 from serving in office (even if it’s unconstitutional under U.S. Term Limits, Inc. v. Thornton). A similar effort was attempted in Utah, but… Continue reading

“How Supreme Court Shocker Could Give Trump Truly Terrifying New Powers;” I Spoke with Greg Sargent for the Daily Blast Podcast

July 2, 2024, 6:31 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: Yesterday the Supreme Court released its shocking new ruling in the case involving Donald Trump’s demand for absolute immunity from prosecution for insurrection-related crimes. The court gave Trump much of what he wanted, notably ensuring that his trial for… Continue reading