“Trump trials: What counts as protected free speech?”

August 29, 2023, 6:45 amchicanery, First Amendment theoryRick Hasen

Christian Science Monitor: “There’s nothing more protected under the First Amendment than political speech,” Mr. Lauro said. Many legal analysts are skeptical this approach will work in a courtroom. There is no First Amendment right to engage in a… Continue reading

“Judge Sets Trial Date in March for Trump’s Federal Election Case”

August 28, 2023, 4:39 pmelection subversion riskRick Hasen

NYT: A federal judge on Monday set a trial date of March 4 in the prosecution of former President Donald J. Trump on charges of conspiring to overturn the 2020 election, rebuffing Mr. Trump’s proposal to push it off until… Continue reading

Safeguarding Democracy Project Webinar, September 5, 12pm PT: The Trump Indictments, the 2024 Elections, and Public Peace (with Ben-Ghiat, Ginsberg, Kleinfeld; Free But Registration Required)

August 28, 2023, 7:14 amelection subversion riskRick Hasen

I’m very much looking forward to this event kicking off the fall webinar series for UCLA Law’s Safeguarding Democracy Project. The event is free but registration is required: September 5, 12pm-1pm – The Trump Indictments, the 2024 Elections, and Public… Continue reading

“Raskin says Trump ‘absolutely’ disqualified from running for president after Jan. 6 insurrection”

August 27, 2023, 2:07 pmUncategorizeddisqualification, Section 3Ned Foley

The Hill’s report on Rep. Raskin’s appearance on CNN’s State of the Union. Raskin was indeed emphatic in his belief that Trump is barred from the presidency by virtue of section 3 of the Fourteenth Amendment, saying that “Donald… Continue reading

Republican Presidential Primary Candidate Vivek Ramaswamy Says That Pence on January 6 Should Have Pushed Through National Voter ID and End to Early Voting Before Certifying Election for Biden

August 27, 2023, 11:31 amelection subversion riskRick Hasen

Not how things work: LMAO — Ramaswamy says Mike Pence should've used the opportunity on January 6 to unilaterally implement universal single-day voting and voter ID. Beyond parody. pic.twitter.com/CxHKCff0Oa— Aaron Rupar (@atrupar) August 27, 2023

“Support from fellow GOP candidates over Jan. 6 was ‘heartening,’ Pence says”

August 27, 2023, 9:05 amelection subversion riskRick Hasen

Politico: Amid the name-calling and tense exchanges on Wednesday’s Republican primary debate stage, former Vice President Mike Pence received a unique wave of support from his GOP opponents. When asked whether Pence had done the right thing in certifying the… Continue reading

“Wisconsin Supreme Court flips liberal, creating a ‘seismic shift’”

August 27, 2023, 7:47 amjudicial elections, political polarizationRick Hasen

Patrick Marley for WaPo: Liberal groups, long accustomed to seeing the court as hostile terrain, quickly maneuvered for potential victories on a string of major issues. They filed lawsuits to try to redraw the state’s legislative districts, which heavily… Continue reading

“After long legal battle, voter ID arrives in NC. But could it be gone again by 2024?”

August 27, 2023, 7:45 amelection administration, The Voting Wars, voter idRick Hasen

WRAL: After a decade of false starts — and millions of dollars spent fighting over the issue at the ballot box and in the courtroom — North Carolina voters are now required to show photo identification to cast a ballot… Continue reading

“Why Tribalism Took Over Our Politics”

August 27, 2023, 7:43 ampolitical polarization, The Voting WarsRick Hasen

WSJ: Ahead of his arrest on Thursday in Georgia, Donald Trump repeatedly told his supporters about the legal peril he faced from charges of election interference. But the danger wasn’t his alone, he said. “In the end, they’re not coming after… Continue reading

“Johnson says Wisconsin fake electors should not face charges for ‘political activity'”

August 26, 2023, 3:54 pmUncategorizedRick Hasen

Milwaukee Journal-Sentinel: Ten Republicans who signed paperwork claiming to be electors for Donald Trump in 2020 after he lost reelection should not face criminal charges, U.S. Sen Ron Johnson said Friday. The Republican senator described the actions by the group… Continue reading

“Dems tap Obama for crucial redistricting push”

August 26, 2023, 3:52 pmredistrictingRick Hasen

Politico: The House majority next year could be determined in a state-by-state fight over redistricting that’s taking place right now. And Democrats are calling in the big guns. Former President Barack Obama hosted a fundraiser for the National Democratic Redistricting… Continue reading

Section 3 Disqualification–and a No Labels Ticket

August 26, 2023, 12:11 pmUncategorizeddisqualification, Section 3, Third PartiesNed Foley

If the U.S. Supreme Court does not rule on the merits of Trump’s status under section 3 of the Fourteenth Amendment before the November 2024 general election, I think we need to start considering how the lingering disqualification issue might… Continue reading

Impeachment and Disqualification

August 26, 2023, 8:03 amUncategorizeddisqualification, Section 3Ned Foley

As part of a thoughtful discussion of Trump’s status under section 3 of the Fourteenth Amendment on this week’s episode of Slate’s Political Gabfest, the point was made that the impeachment process is the Constitution’s method for disqualifying a… Continue reading