Breaking: Supreme Court Will Hear Trump’s Challenge to Disqualification in Colorado on Expedited Schedule; Oral Argument Feb. 8: What It Means

January 5, 2024, 2:10 pmSupreme CourtRick Hasen

You can find the Court’s order granting cert. and expediting the case at this link. The cert. grant and expediting of time was expected, given the national importance of this issue and in particular of removing a major candidate from… Continue reading

Must-Read Sam Issacharoff: “Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment”

January 5, 2024, 8:21 amelection subversion risk, Supreme CourtRick Hasen

Sam, at Just Security: The moves to disqualify former President Donald Trump in Colorado and Maine will doubtless force the Supreme Court to confront the obscure Section 3 of the 14th Amendment. In his petition for certiorari, and in… Continue reading

“Trump’s campaign guided filing of Michigan’s false electors certificate, emails show”

January 5, 2024, 7:39 amelection subversion risk, electoral collegeRick Hasen

Craig Mauger for the Detroit News: Then-President Donald Trump’s campaign directly orchestrated the filing of a certificate, signed by 16 Michigan Republicans, that falsely claimed he won the state’s 2020 election, according to internal campaign emails obtained by The Detroit… Continue reading

Must-read Jamelle Bouie: “If Trump Is Not an Insurrectionist, What is He?”

January 5, 2024, 7:32 amelection subversion riskRick Hasen

In the NYT: The unspoken assumption behind the idea that Trump should be allowed on the ballot and that the public should have the chance to choose for or against him yet again is that he will respect the… Continue reading

What happens to votes cast in Colorado for Trump in the primary?

January 5, 2024, 5:44 amballot accessDerek Muller

From the conclusion of the Colorado Supreme Court’s decision in Anderson v. Griswold:

“Twelve Questions Shaping Democracy and Voting Rights in 2024”

January 4, 2024, 2:36 pmUncategorizedRick Hasen

New at Bolts.

Trump Cert. Petition 23-719 Now Docketed on SCOTUS Website

January 4, 2024, 12:05 pmUncategorizedRick Hasen

You can find it here. Click the email icon to subscribe for updates. UPDATE: Here is plaintiff’s brief supporting cert and reframing the questions presented. (Correction).

“In Tense Election Year, Public Officials Face Climate of Intimidation”

January 4, 2024, 7:37 amelection administration, election subversion riskRick Hasen

NYT: The caller had tipped off the authorities in Maine on Friday night: He told them that he had broken into the home of Shenna Bellows, the state’s top election official, a Democrat who one night earlier had disqualified former … Continue reading

“Democracy Hypocrisy: Examining America’s Fragile Democratic Convictions”

January 4, 2024, 7:19 ampolitical polarizationRick Hasen

New report via the Democracy Fund by Joe Goldman, Lee Drutman, and Oscar Pocasangre: Key Findings While the vast majority of Americans claim to support democracy (more than 80 percent say democracy is a fairly or very good political system… Continue reading

“8 Ways To Protect American Democracy”

January 4, 2024, 7:16 amUncategorizedRick Hasen

New report from CAP.

NRSC brief relies on U.S. Term Limits to argue that judging Trump’s qualifications today is an unconstitutional additional qualification

January 4, 2024, 4:32 amballot accessDerek Muller

This amicus brief by the NRSC in the Trump Colorado ballot access case presents a very plausible path forward for the Supreme Court–but not one without its own challenges. From the brief’s opening:

Merits issues versus procedural issues in Trump’s cert petition

January 3, 2024, 3:19 pmUncategorizedNed Foley

Like Rick, I’ve argued repeatedly here on ELB as well as earlier this week at Common Ground Democracy that the merits of whether or not Trump is disqualified from the presidency again by section 3 of the Fourteenth Amendment… Continue reading

Donald Trump’s Cert. Petition to U.S. Supreme Court in Colorado Disqualification Case Raises Serious Issues that Merit Immediate Supreme Court Review; His Political Question Argument Risks Instability

January 3, 2024, 2:41 pmballot access, Supreme CourtRick Hasen

Donald Trump’s just-filed cert. petition in the United States Supreme Court, like the earlier-filed cert. petition from the Colorado Republican Party, raises serious issues of profound national importance that merit extraordinarily expedited review by the United States Supreme Court. This… Continue reading