“Florida’s New Driver’s License Rule Is Blatant Trans Voter Suppression”

February 29, 2024, 7:32 am19th Amendment, votingRick Hasen

TNR: Quietly and behind the scenes last month, the Florida Department of Highway Safety and Motor Vehicles, or FLHSMV, issued a memo indicating that it will no longer honor Floridians’ requests to amend the gender marker on their driver’s licenses.… Continue reading

“Cook County judge orders Donald Trump removed from Illinois primary ballot for his role in Jan. 6 riot at US Capitol” (With link to order); What Happens Next?

February 28, 2024, 5:11 pmUncategorizedRick Hasen

Chicago Tribune reports. You can find the order here. It includes a stay until March 1, to give time for appeal. I expect that there will continue to be requests for a stay of this ruling, which may make… Continue reading

Why Did the Supreme Court Wait So Long to Decide to Set the Trump Criminal Immunity Case for Full Hearing and Argument? It Likely Means No Trial for Trump on Election Subversion Before the Election

February 28, 2024, 3:30 pmelection subversion risk, Supreme CourtRick Hasen

Like many other observers, I thought the relatively long lag time between Donald Trump’s attempt to stay his criminal trial after losing in the district court and the D.C. Circuit meant the Court was not going to grant the… Continue reading

“Law School clinic files brief to combat intentionally false statements about voting”

February 28, 2024, 7:46 amcheap speech, chicanery, First Amendment theoryRick Hasen

Yale Daily News: Yale Law School’s Media Freedom and Information Access Clinic filed an amicus brief on Feb. 12 in United States v. Mackey, a case currently at the Second Circuit Court of Appeals. The case involves an influential… Continue reading

“Michigan Judge Orders Deposed G.O.P. Leader to Stand Down”

February 28, 2024, 7:41 amUncategorizedRick Hasen

NYT: A circuit court judge on Tuesday ordered Kristina Karamo, the deposed leader of the Michigan Republicans, to abandon her efforts to cling to power. But what that means for Saturday, when Ms. Karamo had pledged to hold a… Continue reading

“Delaware’s early voting and permanent absentee laws are unconstitutional, a judge says”

February 28, 2024, 7:39 amelection administrationRick Hasen

AP: Laws allowing early voting and permanent absentee status violate Delaware’s constitution and are invalid, a judge ruled in a lawsuit brought by a state elections inspector and a Republican lawmaker. The laws are “inconsistent with our constitution… Continue reading

I Spoke to Wisconsin Public Radio’s “Central Time” About My New Book, “A Real Right to Vote”

February 28, 2024, 7:33 amReal Right to VoteRick Hasen

You can listen here: The right to vote isn’t actually enshrined in the U.S. Constitution Listen Download Unlike Canada and other countries, the United States does not have an affirmative right to vote in its constitution. A law professor… Continue reading

I Spoke to “Air Talk” with Larry Mantle About My New Book, “A Real Right to Vote”

February 28, 2024, 7:32 amReal Right to VoteRick Hasen

You can listen here (scroll down to segment): Should Americans Have The Right To Vote? A New Book Makes The Case For Amending The Constitution To Affirm It LISTEN • 17:42 For as many rights as The Constitution lays out, like the… Continue reading

“Public Rights Project Launches National Election Protection Hub to Defend 200+ Officials Under Unprecedented Attack in 2024”

February 28, 2024, 7:28 amUncategorizedRick Hasen

Release: Public Rights Project (PRP)—the civil rights legal advocacy nonprofit founded by Jill Habig, former special counsel to Kamala Harris in the California Attorney General’s Office—announces the launch of its Election Protection Hub to support and defend 200+ local elections… Continue reading

“The 2020 election took days to call. Could it happen again this year?”

February 27, 2024, 12:33 pmelection administrationRick Hasen

NBC News: After the 2020 presidential election took days to call, many states reworked how they process mail ballots with the goal of delivering results faster — and cutting off oxygen for conspiracy theories that flourished as the country… Continue reading

“A Wild and Dangerous 2024 Experiment; Inside No Labels, the most confounding third-party gambit of the 2024 election”

February 27, 2024, 10:29 amthird partiesRick Hasen

John Hendrickson for The Atlantic.

Top Recent Downloads in Election Law on SSRN

February 27, 2024, 9:36 ampedagogyRick Hasen

Here: 1.Certification and Non-Discretion: A Guide to Protecting the 2024 Election Lauren Miller and Will WilderNew York University (NYU) – Brennan Center for Justice and Government of the United States of America – U.S. Court of Appeals… Continue reading

“Shadow disticts”

February 27, 2024, 9:32 amredistrictingRick Hasen

Quinn Yeargain has written this article for the Cardozo Law Review. Here is the abstract: Redistricting disputes—for congressional, state legislative, and local districts—have proven all-consuming in politics. Litigation over the legality of districts, under both federal and state law, is… Continue reading

In Florida Social Media Case, Florida’s Lawyer Defends, Without Recognizing It, an Equalizing Interest in Requiring Platforms to Carry Speech They Don’t Want

February 27, 2024, 7:58 amcheap speech, Supreme CourtRick Hasen

I thought this exchange in the transcript of the Moody case was particularly telling (I’ve bolded the response that I think shows an interest in imposing an equality floor): JUSTICE KAVANAUGH: Can I — can I ask you about a… Continue reading

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The law of politics and the politics of law