“The Supreme Court and the Risks of January 6, 2025”

February 9, 2024, 8:27 amSupreme CourtRick Hasen

Jeannie Suk Gersen: The election-law experts Edward Foley, Benjamin Ginsberg, and Richard Hasen warned, in an amicus brief, that if the Justices resolve the case without “deciding the merits of the disqualification question,” it “would not reflect an admirable judicial… Continue reading

Elise Stefanik, If She Had Been Vice President in 2020, “Would Not Have Done What Mike Pence Did,” Suggesting She Would Have Acted to Subvert the 2020 Election

February 9, 2024, 7:54 amelection subversion riskRick Hasen

THIS is troubling (via Political Wire).

DNC Files FEC Complaint Claiming Illegal Coordination Against RFK Jr. and a Supportive PAC That is Allegedly Helping Him with Ballot Access

February 9, 2024, 7:14 amcampaign finance, campaignsRick Hasen

You can find the complaint here.

“Election officials go on offense to prevent disruptions of 2024 vote”

February 9, 2024, 6:53 amelection administration, election subversion riskRick Hasen

Yvonne Wingett Sanchez for WaPo: In training poll workers for this year’s presidential election, Arizona Secretary of State Adrian Fontes is preparing them for a series of worst-case scenarios, including combat. His office is coordinating active-shooter drills for election… Continue reading

“How to Depolarize American Politics”

February 9, 2024, 6:48 amUncategorizedNed Foley

Eric Maskin and I have co-authored a Project Syndicate column that describes a “top three” variation of California’s “top two” electoral system. It would enable effective electoral competition by a new third party in between MAGA Republicans on the right… Continue reading

Trump v. Anderson v. Celebrezze

February 9, 2024, 5:27 amballot accessDerek Muller

Professor Marty Lederman has significantly expanded his analysis of the Anderson v. Celebrezze issue in Trump v. Anderson over at Balkinization, here. As ELB readers may recall, I flagged the Anderson issue back in October, and my briefing… Continue reading

“A Ruling for Trump on Eligibility Could Doom His Bid for Immunity”

February 8, 2024, 3:58 pmSupreme CourtRick Hasen

Adam Liptak for the NYT: Chief Justice John G. Roberts Jr. and his colleagues seemed ready on Thursday to start to rebuild the court’s reputation by presenting themselves as unified and apolitical. He has had a bumpy ride of late,… Continue reading

“Civil Rights Groups Secure Victory in LandmarkCase Challenging Racial Discrimination inLouisiana’s State Legislative Maps”

February 8, 2024, 3:30 pmredistricting, Voting Rights ActRick Hasen

Release: In a victory for fair maps, a federal court today ruled in favor of Louisiana voters, agreeing that the current state House and Senate district maps violate Section 2 of the Voting Rights Act. The plaintiffs who challenged the… Continue reading

Did Justice Gorsuch, Ever So Subtly Suggest He Thinks That Donald Trump is “the President” and Not “the Former President?” (Update: Probably NOT!)

February 8, 2024, 2:11 pmSupreme CourtRick Hasen

A careful listener pointed to to the exchange in the oral argument at around 2:30-31 on the audio. It’s not clear where the emphasis is from the transcript on the words “in your view,” but it sure sounded from the… Continue reading

“Some on the Right Flirt With a Voting Method the Left Loves”

February 8, 2024, 1:50 pmalternative voting systemsRick Hasen

Michael Wines for the NYT: Long viewed as an intriguing, if somewhat wonky, approach to conducting elections, ranked-choice voting — allowing voters to list candidates in order of preference instead of selecting just one — appears to be having a… Continue reading

“Domestic Disruptions Are Equal Risk to Foreign Interference in 2024 Election, Experts Say”

February 8, 2024, 12:36 pmelection subversion riskRick Hasen

Governing: The Department of Homeland Security (DHS) cautions that domestic actors have introduced new unknown factors into the 2024 election cycle. Its 2024 threat assessment warns that DHS expects the upcoming election cycle to be “a key event for possible… Continue reading

“Democrats sound alarm, take action against Biden’s third-party threats”

February 8, 2024, 12:30 pmballot access, third partiesRick Hasen

WaPo: Democratic alarm over third-party challengers spoiling President Biden’s reelection has been growing in recent weeks, prompting a new push both inside the party and among allied outside groups to step up their efforts fighting back. The Democratic National Committee… Continue reading

Special Counsel Report on Biden Classified Documents Probe Calls Him “a sympathetic, well-meaning elderly man with a poor memory.”

February 8, 2024, 12:29 pmcampaignsRick Hasen

This is going to have big political implications. (quote is on p. 6 of the report) More detail: Special counsel report states that BIDEN “did not remember when he was Vice President” and did not remember “when his son… Continue reading

My New One at Slate: “A Grand Bargain Is Emerging in the Supreme Court’s Trump Cases, But Chaos May Be Ahead”

February 8, 2024, 11:39 amUncategorizedRick Hasen

I have written this piece for Slate. It begins: After oral arguments at the Supreme Court in Trump v. Anderson, a grand bargain that appears to make practical sense as a compromise is beginning to come into view: the Supreme Court… Continue reading