“A Trump Appointee is Trying to Gut the FEC’s Ability to Investigate Campaign Finance Crimes”

September 12, 2023, 1:56 pmfederal election commissionRick Hasen

The Intercept: The government agency tasked with investigating campaign finance violations is on its way to intentionally making that very obligation more difficult to accomplish. The Federal Election Commission is a notoriously deadlocked agency that has nonetheless taken some significant… Continue reading

“How the Supreme Court Should Respond to Alabama’s Defiance”

September 12, 2023, 10:22 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Kate Shaw for the NYT: Alabama’s appeal confronts the Supreme Court with a profound test. The case may appear to involve a set of technical questions about one state’s legislative map. But it is more fundamentally about whether the Supreme… Continue reading

Stephen Gardbaum: Politics As Markets: Then and Now

September 12, 2023, 8:58 amPoliticsMarkets25Rick Hasen

The following is a guest post from Stephen Gardbaum, part of the Politics as Markets at 25 symposium: In retrospect, Politics As Markets appeared at the high point of global democracy. In 1998, towards the end of the third… Continue reading

Bruce Cain: Politics as Markets???

September 12, 2023, 7:47 amPoliticsMarkets25Rick Hasen

The following is Bruce Cain’s contribution to the symposium on the 25th anniversary of the publication of Issacharoff and Pildes’s Politics as Markets: After complaining about my harsh treatment of them when they first came into the Election Law field,… Continue reading

“Alabama Asks Supreme Court to Revisit Dispute Over Congressional Map”

September 12, 2023, 7:44 amredistricting, Supreme Court, Voting Rights ActRick Hasen

NYT: Alabama filed an emergency application in the Supreme Court on Monday evening, asking the justices to keep in place for now a congressional map that a lower court had found failed to comply with orders to establish a second… Continue reading

“Trump faces another 14th Amendment candidacy challenge, this time in Minnesota”

September 12, 2023, 7:35 amUncategorizedRick Hasen

Marshall Cohen for CNN: A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist… Continue reading

“2024: Like No Other Presidential Election in Our History”

September 12, 2023, 7:34 amUncategorizedRick Hasen

Jerry Goldfeder reflects.

Wisconsin: “Senate elections committee votes against keeping elections chief Meagan Wolfe”

September 12, 2023, 7:32 amelection administration, The Voting WarsRick Hasen

Milwaukee Journal-Sentinel: Republicans who control the state Legislature took a step Monday toward firing Wisconsin’s top election official, setting the stage for a court battle over who leads this battleground state’s system of elections just months before voters begin casting… Continue reading

“Trump’s Electoral College Edge Seems to Be Fading”

September 12, 2023, 7:29 amelectoral collegeRick Hasen

NYT‘s “The Tilt:” The early polls show Donald J. Trump and President Biden tied nationwide. Does that mean Mr. Trump has a clear advantage in the battleground states that decide the Electoral College? It’s a reasonable question, and one… Continue reading

Brennan Center Launches “State Court Report”

September 12, 2023, 7:27 amjudicial electionsRick Hasen

Release: Today the Brennan Center for Justice at NYU Law launched State Court Report, a nonpartisan website devoted to state constitutions and courts. It features commentary and analysis by a wide range of experts, including Judge Pierre Bergeron of… Continue reading

“Response by Tax-Exempt Organization Scholars to Request for Information”

September 11, 2023, 9:13 amtax law and election lawRick Hasen

Ellen Aprill, Roger Colinvaux, Brian Galle, Philip Hackney, and Lloyd Mayer (the five who are among the most respected nonprofit tax law scholars in the nation) have posted this piece on SSRN. Here is the abstract: A group of academics… Continue reading

Yen-tu Su: ‘Politics as Markets’ and Phantom Voter Laws

September 11, 2023, 8:56 amPoliticsMarkets25PoliticsMarkets25Rick Hasen

The following is a guest post from Yen-tu Su, part of the symposium on Politics as Markets at 25: Politics as Markets has often been read as a structuralist manifesto for the then emerging field of the law of… Continue reading

ELB Podcast 5:1: The Trump Indictments, the 2024 Elections, and the Public Peace (Ginsberg, Ben-Ghiat, and Kleinfeld)

September 11, 2023, 8:13 amELB Podcast, election subversion riskRick Hasen

New ELB Podcast: Will the multiple indictments and expected trials of former President Donald Trump lead to violence or unrest? Are the risks of political violence in the U.S. increasing or decreasing? What can the United States learn from other… Continue reading

Democracy, Twenty-Five Years On

September 11, 2023, 7:45 amPoliticsMarkets25PoliticsMarkets25Richard Pildes

(This post is co-authored with Sam Issacharoff) Our thanks to Rick Hasen for organizing this symposium and for giving us the chance to revisit our work from 25 years ago. Neither of us had read Politics as Markets in more… Continue reading