“Third-party candidate would drag Biden down in Trump rematch: poll”

June 22, 2023, 9:08 amUncategorizedNed Foley

The Hill reporting on new Emerson poll that focuses on the potential effect of Cornel West’s candidacy. I mention it here because I think the use of statewide plurality winner-take-all elections for the appointment of presidential electors is probably the… Continue reading

“NC Republican proposed voting restrictions fit a red-state pattern”

June 22, 2023, 8:28 amUncategorizedNed Foley

NC Newsline: “Republican senators passed controversial bills that would make it harder for people who vote by mail or sign up to vote during early registration periods and have their ballots count. “They seek to restructure the state Board… Continue reading

Justice Alito’s Bad Textualism Extends to His Mangling of Words to Justify Not Reporting a Seat on a Private Jet Paid for by a Billionaire Litigant

June 21, 2023, 7:54 pmconflict of interest laws, ethics investigations, statutory interpretation, Supreme CourtRick Hasen

Years ago in conversation with an originalist and textualist, the person I was speaking to defended originalism and textualism as constraining judges. The counterexample on the right was Justice Alito voting his values. The idea is that if all judges… Continue reading

It’s about time…

June 21, 2023, 5:54 pmUncategorizedNed Foley

Postal Service’s commemorative stamp of John Lewis.

Hearing in Eastman disbarment case

June 21, 2023, 4:52 pmUncategorizedNed Foley

It’s a good thing that this public proceeding is being recorded, because I suspect one could teach a whole variety of law school classes using it, if one wishes. Here’s the link for the livestream: calbar.zoom.us/j/97985435232

“Gov. Abbott vetoes bill offering new mail voting option to people with disabilities”

June 21, 2023, 7:40 amUncategorizedNed Foley

Votebeat Texas. At the same time, Houston Chronicle reports: “Gov. Abbott signs bills targeting Harris County elections, triggering legal showdown” (behind paywall).

“More Withdrawals From Voter Data Group ERIC Likely”

June 21, 2023, 7:33 amUncategorizedNed Foley

Wendy Underhill of NCSL. ‘ERIC is “the best tool available for catching people who have moved,” said Charles Stewart.’ (Read on for more details and quotes from others.)

“Trump allies pounce on Georgia election vulnerability report”

June 21, 2023, 7:23 amUncategorizedNed Foley

The Jolt from the Atlanta Journal-Constitution. “The report detailed vulnerabilities that could allow a hacker to change votes. A separate, simultaneous report found the risk of hacking to be remote, given standard safety procedures used by election officials. The dueling… Continue reading

“GOP fears Kari Lake bid could cost them Arizona Senate race”

June 21, 2023, 7:04 amUncategorizedNed Foley

The Hill. The potential three-way race between incumbent Sinema as an independent, Gallego as the Democrat, and Lake as the Republican, is reason to consider alternative forms of Ranked Choice Voting, including the Total Vote Runoff procedure. The existing plurality-winner… Continue reading

ELB Podcast 4:9: Charles, Katz, Pildes: The Future of the Voting Rights Act after Milligan

June 21, 2023, 6:56 amELB Podcast, Supreme Court, Voting Rights ActRick Hasen

New ELB Podcast: Why did two conservative justices on the Supreme Court join the Court’s liberals to save section 2 of the Voting Rights Act in Allen v. Milligan? Will voting rights plaintiffs see more success in Section 2… Continue reading

“‘Terrible idea’: Fellow Dems try to stop Manchin’s presidential flirtation”

June 21, 2023, 6:38 amUncategorizedNed Foley

Burgess Everrett in POLITICO: “Manchin doesn’t see a No Labels run the same way most Democrats do. In an interview, he questioned the assumption that it would inevitably be a spoiler for Democrats.”

Poll Shows Persistent Effect of Trump’s Big Lie

June 20, 2023, 5:00 pmUncategorizedNed Foley

The Hill: “A Monmouth University poll found 30 percent think Biden won because of voter fraud, a result that “has been a nearly constant percentage” in the polling since the presidential election in November 2020. That figure includes 68… Continue reading

“Georgia poll workers accused in Trump-backed conspiracy theories cleared of election fraud allegations”

June 20, 2023, 4:20 pmUncategorizedNed Foley

ABC News: ‘As part of their probe, Georgia Elections Board investigators interviewed a social media user who “admitted he created a fake account and confirmed the content that was posted on the account was fake,” the new report said.… Continue reading

“Eastman plan to keep Trump in power faces a reckoning, as authorities seek his disbarment”

June 20, 2023, 4:01 pmUncategorizedNed Foley

Kyle Cheney in POLITICO: “Bar authorities say Eastman’s scheme began after basic legal challenges to the election results failed to influence the outcome — despite Trump’s repeated efforts to sow false claims of election fraud. Eastman spent much of… Continue reading