“In Texas, a Senate Race Turns Brutal Before It’s Even Declared; Attorney General Ken Paxton is waging ‘legal war’ against Beto O’Rourke, a possible Democratic rival, threatening jail and an investigation that could bankrupt his organization.”

September 4, 2025, 7:51 amauthoritarian threats in US, chicaneryRick Hasen

NYT: For the past month, two Texas political titans — the attorney general Ken Paxton and the former congressman Beto O’Rourke — have been locked in an escalating legal drama, complete with threats of jail time, courtroom showdowns and the… Continue reading

“House Republicans form new subcommittee to probe Jan. 6”

September 4, 2025, 7:48 amchicaneryRick Hasen

WaPo: House Republicans voted on Wednesday to establish a new subcommittee to reinvestigate the Jan. 6, 2021, attack on the U.S. Capitol, moving to reopen one of the most polarizing chapters in American politics. Lawmakers slipped a resolution into a… Continue reading

“In rare interviews, federal judges criticize Supreme Court’s handling of Trump cases”

September 4, 2025, 7:45 amSupreme CourtRick Hasen

Lawrence Hurley for NBC News: Federal judges are frustrated with the Supreme Court for increasingly overturning lower court rulings involving the Trump administration with little or no explanation, with some worried the practice is undermining the judiciary at a sensitive… Continue reading

Very Sad News: Ed Still Has Passed Away

September 4, 2025, 7:41 amelection law bizRick Hasen

Ed was a great lawyer and a kind and gentle man. From the LDF announcement: The Legal Defense Fund (LDF) mourns the loss of Edward Still, an attorney whose legal advocacy in voting rights and redistricting transformed democracy in Alabama… Continue reading

Amicus Brief on the Fifteenth Amendment in Louisiana v. Callais

September 3, 2025, 5:31 pmelection law and constitutional law, redistricting, Supreme Court, Voting Rights ActTravis Crum

Another ELB contributor has entered the Callais fray. Today, I filed an amicus brief in support of the Robinson appellants in this fall’s blockbuster voting rights case, Louisiana v. Callais. You can find my amicus brief here. Thanks to… Continue reading

Ugh: “Trump’s DOJ seeks voting equipment in Missouri ahead of 2026 election”

September 3, 2025, 3:18 pmauthoritarian threats in US, chicanery, election subversion risk, voting technologyRick Hasen

WaPo: A top official in President Donald Trump’s Justice Department recently sought access to voting equipment used by two Republican clerks in Missouri during the 2020 election, an unusual request from federal officials amid continued efforts by the president to… Continue reading

“Money, Politics, and the First Amendment”

September 3, 2025, 1:31 pmcampaign finance, Supreme CourtRick Hasen

This looks to be a great hybrid event at the University of Wisconsin’s State Democracy Research Initiative on October 3.

“Richard Bernstein: The Trump Administration’s Arguments About the National Guard Threaten the 2026 Elections”

September 3, 2025, 1:28 pmauthoritarian threats in US, election subversion riskRick Hasen

Must-read: Yesterday, federal District Judge Charles Breyer ruled that the Trump Administration’s federalization of the National Guard in Los Angeles to assist in immigration law enforcement violated the Posse Comitatus Act, which is 18 U.S.C. section 1385. The Posse Comitatus… Continue reading

“Utah’s congressional maps must be redrawn right away, judge rule”

September 3, 2025, 12:03 pmUncategorizedRick Hasen

AP: A judge has ruled that Utah lawmakers must proceed with redrawing the state’s congressional district map right away, pointing to Texas and California in rejecting their argument that the job can’t be done in time for the 2026… Continue reading

Quote of the Day

September 3, 2025, 11:49 amUncategorizedRichard Pildes

I was reading Nick Stephanopoulos’ amicus brief in the LA v. Callais case and was struck by this statement in his summary of argument: “Based on these [the 2020 and 2024] elections’ results, Black vote-dilution plaintiffs would be unable to… Continue reading

Plaintiffs File Cert Petition in Turtle Mountain Band Case on Whether Private Plaintiffs Have the Right to Sue to Enforce Section 2 of the Voting Rights Act (More than 90% of Suits Have Been Brought This Way Since 1982)

September 3, 2025, 10:47 amVoting Rights ActRick Hasen

This cert petition follows from the Supreme Court’s order putting the Eighth Circuit ruling on hold pending resolution of this cert petition. See also my earlier Slate coverage of the stakes.

Callais Amicus Brief on the Inherent Limits to Section 2

September 3, 2025, 10:33 amUncategorizedNicholas Stephanopoulos

I filed this amicus brief today in Callais in conjunction with lawyers from Mehri & Skalet. The brief makes three main arguments: (1) Section 2 is unlike the policies on which the Court has previously imposed temporal limits (Section 4’s… Continue reading

Georgia: “Republican lawmakers push for hand-marked ballots in November election”

September 3, 2025, 7:32 amelection administration, voting technologyRick Hasen

AJC: Key Georgia lawmakers Tuesday called for a rapid test-run of hand-marked paper ballots in this year’s elections, switching from touchscreens in some polling places. The rush to try paper ballots filled out by hand follows mounting pressure from President … Continue reading

“Why Lawmakers Don’t Want to Ban Their Own Stock Trading”

September 3, 2025, 7:21 amconflict of interest lawsRick Hasen

WSJ: While running for Congress last year, Republican Rob Bresnahan—like most Americans—hated the idea of lawmakers making money by trading individual stocks in elected office and said he wanted to ban the practice. Then he won his race. Now a congressman… Continue reading