“Losing legitimacy: The challenges of the Dobbs ruling to conventional legitimacy theory”

February 7, 2024, 12:22 pmSupreme CourtRick Hasen

Jim Gibson in AJPS. Abstract: Extant research has established that displeasure with a Supreme Court ruling typically has negligible consequences for institutional support, largely because, as legitimacy theory’s positivity bias explains, judicial decisions are invariably delivered with the accoutrements of… Continue reading

I Will Be Live-Blogging Thursday’s Oral Arguments in Trump Disqualification Case at Election Law Blog, as Well as Providing Commentary on NPR’s Special Coverage

February 7, 2024, 11:43 amSupreme CourtRick Hasen

Readers will have to refresh the link I will post to get my comments on the case. I should be on NPR before and perhaps after the oral arguments start. And I’m tentatively set for some television appearances tomorrow as… Continue reading

More confirmation of need to end partisan primaries

February 7, 2024, 9:19 amUncategorizedNed Foley

Since writing the new Common Ground Democracy column “Collapse of Border Bill Proves Need for Electoral Reform,” I now see Paul Kane’s column this morning providing further evidence that partisan primaries are preventing congressional Republicans from governing in the national… Continue reading

“Collapse of Border Bill Proves Need for Electoral Reform”

February 7, 2024, 8:02 amUncategorizedNed Foley

New Common Ground Democracy column with this subtitle: “The debacle is confirmation that the primary (meaning “main”) problem is the primary (meaning “partisan preliminary election”) problem.”

My New one at Slate: “Donald Trump Is Asking the Supreme Court for the Bush v. Gore Treatment”

February 7, 2024, 7:24 amballot access, election subversion risk, Supreme CourtRick Hasen

I have written this article for Slate. It begins: The Supreme Court will soon be under the microscope like it hasn’t been since it ended the disputed 2000 U.S. presidential election in Bush v. Gore, as it considers not… Continue reading

“Some college students find it harder to vote under new Republican laws”

February 7, 2024, 7:22 amUncategorizedRick Hasen

WaPo reports.

“A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election”

February 7, 2024, 7:19 amelection law bizRick Hasen

Great Charlie Savage NYT profile of Seth Barrett Tillman, brainchild behind the odd “officer of the United States” argument taking center stage at the Trump disqualification oral argument tomorrow at the Supreme Court.

Watch Archived Video of Safeguarding Democracy Project Webinar with Renee DiResta, Kate Klonick, Charles Stewart and Kim Wyman on How to Have a Fair and Safe 2024 Election

February 7, 2024, 7:11 amcheap speech, election administration, election subversion riskRick Hasen

Great conversation here:

“If SCOTUS Won’t Enforce the 14th Amendment, We Should Worry How They’ll Handle the 22nd”

February 7, 2024, 7:08 amelection subversion risk, Supreme CourtRick Hasen

Ian Bassin for Lawfare: Fast forward to August of this year: The Democrats are convening in Chicago to make their presidential nomination official. Behind the scenes, a secret scramble is in the works. With polling continuing to show the incumbent… Continue reading

“The Ghose of Bush v. Gore Haunts Supreme Court’s Colorado Case”

February 7, 2024, 7:07 amBush v. Gore reflectionsRick Hasen

The New Yorker reports.

“Costs for Replacing Voting Equipment in 2024”

February 7, 2024, 7:05 amvoting technologyRick Hasen

New Brennan Center analysis.

Trump Pushes Out RNC Head Ronna McDaniel and Wants Her Replaced with 2020 Election Denier

February 6, 2024, 5:06 pmelection subversion riskRick Hasen

NYT: The chairwoman of the Republican National Committee, Ronna McDaniel, has told former President Donald J. Trump she is planning to step down shortly after the South Carolina primary on Feb. 24, according to two people familiar with the plans.… Continue reading

“Ban on counting votes from computer codes passes Georgia Senate”

February 6, 2024, 2:47 pmvoting technologyRick Hasen

AJC: The Georgia Senate voted along party lines Tuesdayto abandon the use of bar codes on ballots. Instead, ballots would be counted from the printed text or filled-in ovals next to candidate names. Republicans supporting the bill said it would… Continue reading

The Stay Order is Likely the Whole Ball Game on Whether Trump Goes to Trial Before the Election on Federal Election Subversion Charges

February 6, 2024, 2:21 pmUncategorizedRick Hasen

Dahlia Lithwick and Mark Joseph Stern: When called upon to weigh in by Trump, the Supreme Court will have three likely options. First, it can deny the stay and refuse to take up the case. And it should. To… Continue reading