“John Eastman declines to elaborate on Trump world discussions about Grassley presiding on Jan. 6”

September 7, 2023, 8:33 amelection subversion riskRick Hasen

Politico: John Eastman, testifying at his own disbarment trial, sidestepped a question Wednesday about whether he and others in former President Donald Trump’s orbit discussed the possibility that Sen. Chuck Grassley (R-Iowa) — rather than Mike Pence — would preside… Continue reading

Anderson v. Griswold, the latest Section 3 challenge to Trump in Colorado, appears unlikely to reach the merits

September 7, 2023, 7:21 amelectoral college, legislation and legislaturesDerek Muller

If my blogging on this topic has a sense of déjà vu, my apologies. But we are in an intractable cycle of litigation on Section 3 that has a low likelihood of going anyplace. I think some cases will get… Continue reading

“Two Trump Co-Defendants Will Go on Trial Next Month, Georgia Judge Says; Sidney Powell and Kenneth Chesebro get Oct. 23 trial date.”

September 7, 2023, 7:21 amUncategorizedRick Hasen

WSJ reports.

“In Fulton County, Fear Not Removal”

September 7, 2023, 7:19 amUncategorizedRick Hasen

Anna Bower, Alan Rozenshtein, and Ben Wittes for Lawfare: The question of whether the Fulton County case should be removed to federal court—in whole or in part, temporarily pending resolution of certain immunity questions or all the way through… Continue reading

“Ohio will use same unconstitutional congressional maps in 2024, as court dismisses legal challenges”

September 7, 2023, 7:14 amredistrictingRick Hasen

Cleveland.com: Ohio will use the same congressional districts in 2024 that it used last year, as the Ohio Supreme Court on Thursday granted the dismissal of two legal challenges to the map the court previously deemed to be unconstitutionally gerrymandered… Continue reading

“Constitutional debate over Trump’s eligibility to run more extensive than realized”

September 7, 2023, 7:11 amelection subversion riskRick Hasen

Zach Montellaro for Politico: The idea of barring former President Donald Trump from seeking the presidency on grounds that it would violate the 14th Amendment may be an increasingly catchy constitutional argument pushed by a segment of legal scholars and… Continue reading

“From Hoover to Nixon to Obama, Presidential Centers Call to Protect Democracy”

September 7, 2023, 7:09 amelection subversion riskRick Hasen

NYT: A coalition representing nearly every former president from Herbert Hoover to Barack Obama issued a collective call on Thursday to protect the foundations of American democracy and maintain civility in the nation’s politics. The alliance of presidential centers and… Continue reading

Georgia SOS Brad Raffensperger WSJ Oped: “I Can’t Keep Trump Off the Ballot”

September 7, 2023, 7:07 amelection subversion riskRick Hasen

Oped: Some legal scholars are arguing that secretaries of state should remove Donald Trump from the 2024 presidential ballot under Section 3 of the 14th Amendment, which states that a public official is ineligible for public office if he has… Continue reading

“How States Can Prevent Election Subversion in 2024 and Beyond”

September 7, 2023, 7:03 amelection subversion riskRick Hasen

New Brennan Center report with these key recommendations: Strengthen laws requiring timely certification based solely on verified vote totals, with effective enforcement mechanisms. Strengthen laws channeling election disputes through the state judiciary, and set clear standards governing how these disputes… Continue reading

“Jan. 6 Rioters Have Been Held to Account. That Might Be the Easy Part.”

September 6, 2023, 7:07 pmUncategorizedRick Hasen

NYT: The Trump prosecutions are likely to be a stress test of the country’s commitment to the rule of law at a moment of intense polarization and with Mr. Trump solidifying his position as the Republican Party’s presumptive presidential nominee.… Continue reading

“Judge blocks Wisconsin officials from using federal voter registration form”

September 6, 2023, 9:44 amUncategorizedRick Hasen

AP: judge blocked Wisconsin election officials Tuesday from using a federal voter registration form, finding they never formally approved its use. Conservative law firm Wisconsin Institute for Law and Liberty filed a lawsuit in September 2022 asking a judge to… Continue reading

“Why Republicans Could Impeach a Liberal Judge Before She’s Heard a Case”

September 6, 2023, 9:42 amUncategorizedRick Hasen

NYT: Republicans in Wisconsin are coalescing around the prospect of impeaching a newly seated liberal justice on the state’s Supreme Court, whose victory in a costly, high-stakes election this spring swung the court in Democrats’ favor and threatened the G.O.P.’s… Continue reading