Mike Parsons: “Moore v. Harper and the ‘Anti-Arrogation Principle'”

June 30, 2023, 10:18 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Mike Parsons, Senior Counsel at ERN and Principal at Parsons Law PLLC: In this post, I offer some comments on what Moore v. Harper definitively resolved; why it’s time to move beyond… Continue reading

Breaking: Supreme Court Sends Back Congressional Redistricting Decision to Ohio Supreme Court for Further Consideration in Light of Moore v. Harper

June 30, 2023, 9:14 amlegislation and legislatures, Supreme CourtRick Hasen

Order list.

Breaking: Over the Dissents of Justices Jackson and Sotomayor, Supreme Court Will Not Review Mississippi Felon Disenfranchisement Law Adopted Long Ago with Discriminatory Purpose

June 30, 2023, 9:12 amfelon voting, Supreme CourtRick Hasen

From today’s final order list of the term, this dissent from Justice Jackson from a cert denial in Harness v. Watson: The President of the 1890 Mississippi Constitutional Convention said it plain: “Let us tell the truth if it bursts… Continue reading

“Former Trump campaign official cooperating with special counsel in 2020 election interference probe”

June 30, 2023, 7:31 amchicanery, election subversion riskRick Hasen

CNN: Former Donald Trump campaign official Mike Roman is cooperating with prosecutors from special counsel Jack Smith’s team in the ongoing criminal probe related to efforts to overturn the 2020 election, two sources familiar with the matter told CNN. One… Continue reading

A brief follow-up on Moore v. Harper

June 29, 2023, 4:19 pmUncategorizedNed Foley

Carolyn Shapiro has written a thoughtful response to my previous post. I offer a couple of quick additional points: First, my characterization of how the majority of SCOTUS perceives what the Pennsylvania Supreme Court did in 2020 (in… Continue reading

Rob Yablon: “Moore v. Harper and the Purcell Principle”

June 29, 2023, 3:35 pmelection administration, legislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Rob Yablon: Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading

Carolyn Shapiro: “Moore v. Harper and state courts”

June 29, 2023, 2:30 pmlegislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

The following is a guest post from Carolyn Shapiro: As others have already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading

Watch Archived Video of the Safeguarding Democracy Project Flash Webinar: “U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision”

June 29, 2023, 2:20 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

This was a great conversation that I moderated with Carolyn Shapiro, Bertrall Ross, Rick Pildes, and Derek Muller. You can watch here:

“Tens of thousands of Pa. mail ballots will be thrown out in the 2024 presidential election”

June 29, 2023, 9:03 amabsentee ballots, election administrationRick Hasen

Philly Inquirer: Tens of thousands of Pennsylvania ballots will be thrown out in next year’s presidential election as mail voting continues to evolve. And those rejected votes — coming disproportionately from Democrats, older voters, and Black, Latino, and low-income neighborhoods… Continue reading

Little Discussion of the Voting Rights Act and Racial Gerrymandering Claims in Today’s Affirmative Action in Education Ruling

June 29, 2023, 8:11 amSupreme Court, Voting Rights ActRick Hasen

Chief Justice Roberts’ majority opinion in Students for Fair Admissions makes a fleeting reference to the Voting Rights Act and cites some racial gerrymandering cases (including Shaw v. Reno and Miller v. Johnson) for certain propositions about considerations of race… Continue reading

Roberts’ Majority Opinion Preserving the Status Quo in Alabama Voting Rights Act Case Must Be Seen in Light of His Killing of Affirmative Action in Education in Today’s Students for Fair Admissions Case

June 29, 2023, 7:28 amSupreme Court, Voting Rights ActRick Hasen

A few weeks ago, after the Supreme Court preserved the (weak) status quo for Section 2 of the Voting Rights Act in Allen v. Milligan, I wrote in the NY Times: The big mystery is why Chief Justice… Continue reading

“Lawsuit takes aim at Va. law stripping felons of voting rights”

June 29, 2023, 6:41 amfelon votingRick Hasen

WaPo: Several advocacy groups filed a federal lawsuit Monday alleging a Virginia law that automatically stripped the right to vote from more than 300,000 convicted felons is an illegal vestige of historical efforts to keep Black residents from casting ballots.… Continue reading

Expect Many More Lawsuits in Federal Court Against the Actions of State and Local Election Officials after Moore v. Harper

June 28, 2023, 5:51 pmelection administration, legislation and legislatures, Supreme Court, The Voting WarsRick Hasen

(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. Harper that creates something of a time bomb for litigation.) Expect many more… Continue reading

Giuliani Asked About Fake Electors Plan by DOJ Prosecutors

June 28, 2023, 5:34 pmchicanery, election subversion riskRick Hasen

NYT: A proffer agreement is an understanding between prosecutors and people who are subjects of criminal investigations that can precede a formal cooperation deal. The subjects agree to provide useful information to the government, sometimes to tell their side of… Continue reading