Minnesota Supreme Court seeks supplemental briefing in light of its 2012 order on “birther” challenge to Barack Obama’s candidacy

October 20, 2023, 2:18 pmlegislation and legislaturesDerek Muller

It is a challenge to find all of the various presidential eligibility challenges over the years. My scholarship cites some, but it’s hardly exhaustive. In 2016, I had an effort to keep a running list. And as I emphasized… Continue reading

Breaking News: Supreme Court, Over Dissent by Justice Alito, Stays Lower Court Order in Missouri v. Biden, the Social Media “Jawboning” Case and Orders Case to Be Heard on the Merits this Term

October 20, 2023, 1:32 pmSupreme CourtRick Hasen

This term, which was also shaping up to be a monumental one on social media companies and free speech, gets even more significant in light of this order in Murthy v. Missouri. Justice Alito, for himself and Justices Gorsuch… Continue reading

House hobbled. Can we call it a crisis of governance yet? And is the Republican Party really a party anymore?

October 20, 2023, 12:27 pmpolitical parties, political polarizationHouse SpeakershipTabatha Abu El-Haj

“House Republicans vote to drop Jim Jordan as speaker nominee.” And to be frank, we should be glad of that. As Representative Pete Aguilar said on Tuesday, elevating Jim Jordan, “a vocal election denier and an insurrection insider… Continue reading

“Kenneth Chesebro: Second Trump lawyer pleads guilty to conspiracy”

October 20, 2023, 10:30 amchicanery, Election Meltdown2020 Election Conspiracies, Trump indictmentTabatha Abu El-Haj

BBC News: Kenneth Chesebro, a former Trump lawyer, has pled guilty in the Georgia case. “Kenneth Chesebro is the third of 19 co-defendants to plead guilty in a deal with Fulton County prosecutors.” His plea follows Sidney Powell’s which… Continue reading

“Republican states swore off a voting tool. Now they’re scrambling to recreate it”

October 20, 2023, 8:03 amUncategorizedElection Integrity, ERICTabatha Abu El-Haj

NPR: Misinformation about a bipartisan, cross-state partnership known as the Electronic Registration Information Center, or ERIC, pushed several Republican legislatures to back out of it in recent months. But now, these same legislatures are scrambling to create systems to… Continue reading

D.C. Circuit, on 2-1 Vote, Upholds Conviction of Jan. 6 Attacker on Grounds He Acted “Corruptly” in Obstructing Proceedings; Implications for Trump Prosecution

October 20, 2023, 7:46 amUncategorizedRick Hasen

You can find the majority opinion (by two Democratic-appointed judge) and the dissent (by a Republican-appointed judge) at this link. To oversimplify things a bit, the majority defined “corruptly” to include acting unlawfully. The dissenter viewed the term as… Continue reading

Cenk Uygur, born in Turkey, kept off Nevada Democratic primary ballot after altering candidate form

October 20, 2023, 7:45 amelection administrationDerek Muller

The story at the Nevada Independent is here. Nevada, like some states, has a form that requires presidential candidates to attest under penalty of perjury they are eligible to serve as president. The form specifically asks candidates to attest… Continue reading

October 20 Free Online Conference from the Safeguarding Democracy Project: “The Law and Politics of Potentially Disqualifying Donald Trump from Running for President”

October 19, 2023, 3:48 pmelection subversion riskRick Hasen

[Bumping to the top] Dynamite lineup: October 20, 9:00am-1pm – The Law and Politics of Potentially Disqualifying Donald Trump from Running for President Online Conference Registration link: https://ucla.zoom.us/webinar/register/WN_X7flCEuZT6KZ9erbwDEFTA#/registration Conference: The Law and Politics of Potentially Disqualifying Donald Trump from Running… Continue reading

Watch Archived Video of My Conversation with Genevieve Lakier and Eugene Volokh on “The Trump Prosecutions, the First Amendment, and Election Inteference”

October 19, 2023, 3:35 pmchicanery, First Amendment theoryRick Hasen

An interesting and spirited conversation for the Safeguarding Democracy Project’s webinar series. Watch:

Does a five-day hearing to adjudicate a presidential candidate’s qualifications pass scrutiny under Anderson-Burdick?

October 19, 2023, 3:03 pmelectoral collegeDerek Muller

The Colorado trial court hearing the challenge to Trump’s qualifications scheduled a five-day hearing to begin October 30 to adjudicate the claim. Does such a hearing pass scrutiny under the Anderson-Burdick balancing test? I’ve been surprised at how little I’ve… Continue reading

Breaking News: Supreme Court refuses to stay 5th Circuit in Louisiana VRA suit

October 19, 2023, 12:43 pmredistrictingshadow docketTabatha Abu El-Haj

Louisiana is given extended time to draw its own congressional map and to correct its discrimination. Supreme Court refused to stay order of the Fifth Circuit. Justice Jackson concurs.

“North Carolina Republicans pitch Congress maps that could help them pick up 3 or 4 seats next year”

October 19, 2023, 10:57 amredistricting2022 Redistricting cycleTabatha Abu El-Haj

AP: The North Carolina Senate’s redistricting committee has proposed two new maps for the state’s congressional districts. Both are significantly more favorable to Republicans. Currently the state’s congressional seats are split between the two parties. The proposed maps favor… Continue reading

Brendan Nyhan Flags Methodological Issues in That Poll Showing Bipartisan Support for Violence and Lack of Faith in U.S. Democracy

October 19, 2023, 8:14 amelection subversion riskRick Hasen

Following up on my post from yesterday about a new U Va poll, Brendan Nyhan suggests great caution:

“The surprising group of Republicans preventing Jim Jordan from becoming House speaker”

October 19, 2023, 7:34 ampolitical polarizationHouse SpeakershipTabatha Abu El-Haj

Washington Post offers a nice corrective, noting that it is not clear that the opposition to Jim Jordan is coherent. “6 hail from districts Biden won in 2020.” “8 belong to a bipartisan group of moderates.” The rest have all… Continue reading

Election Law Blog

The law of politics and the politics of law