“ABA Task Force for American Democracy to hold listening tour event in Madison, Wisconsin”

July 3, 2024, 4:50 pmUncategorizedRick Hasen

Release: The American Bar Association Task Force for American Democracy will hold the fourth in a series of listening tour events Tuesday, July 9, with a program in Madison, Wisconsin, featuring local leaders, legal scholars and defenders of democracy. The… Continue reading

No, States Would Not Be Forced to Keep Biden on the Ballot If He’s Not the Democratic Party’s Nominee from the DNC

July 3, 2024, 7:35 amballot accessRick Hasen

I have been seeing stories like this and this citing to a Heritage memo saying that in some states it would be hard for Democrats to list someone other than Biden on the ballot if Democrats nominate someone else at… Continue reading

“Federal Court Orders Mississippi’s State Legislative Maps to Be Redrawn”

July 3, 2024, 7:26 amVoting Rights ActRick Hasen

Release: A federal court has ordered Mississippi to redraw its 2022 state legislative maps in several areas after concluding those maps unlawfully dilute the voting strength of Black Mississippians. Civil rights advocates challenged the maps and showed at trial that… Continue reading

“Special Counsel Is Said to Be Planning to Pursue Trump Cases Past the Election”

July 3, 2024, 7:20 amDepartment of Justice, election subversion riskRick Hasen

NYT: The special counsel Jack Smith plans to pursue his two criminal cases against former President Donald J. Trump through the election and even up until Inauguration Day if Mr. Trump wins the presidential race, according to a person familiar… Continue reading

“Big wins for Trump and sharp blows to regulations mark momentous Supreme Court term”

July 3, 2024, 7:16 amSupreme CourtRick Hasen

AP: Donald Trump and the conservative interests that helped him reshape the Supreme Court got most of what they wanted this term, from substantial help for Trump’s political and legal prospects to sharp blows against the administrative state they revile.… Continue reading

“Is Trump Now a ‘King’ Above the Law?”

July 3, 2024, 7:12 amauthoritarian threats in US, Supreme CourtRick Hasen

I spoke with Australian Broadcasting Service’s News Daily podcast. Listen.

“Virginia certifies John McGuire as primary winner over Rep. Bob Good, who says he’ll seek a recount”

July 3, 2024, 7:09 amrecountsRick Hasen

AP: The Virginia State Board of Elections on Tuesday certified the apparent narrow defeat of Republican Rep. Bob Good, one of America’s most conservative congressmen, to a challenger endorsed by former President Donald Trump in the state’s June 18 primaries.… Continue reading

“Democratic lawyers get ready: ‘If Trump wins, there will be chaos’”

July 3, 2024, 7:03 amelection law bizRick Hasen

Politico: When Donald Trump issued a ban on travelers from some Muslim-majority countries just a week into his presidency, Democratic attorneys general were caught off guard. They hadn’t expected the policy, long promised by Trump on the campaign trail, to… Continue reading

“Architects of the Trump Supreme Court See Culmination of Conservative Push”

July 3, 2024, 6:57 amlegislation and legislatures, Supreme CourtRick Hasen

Carl Hulse NYT analysis: Back in 2016, a colleague handed Donald F. McGahn II, then a top legal adviser to the presidential candidate Donald J. Trump, an appeals court opinion that eloquently and powerfully echoed much of what Mr.… Continue reading

Lincoln’s contemplated coup d’etat: immune or not?

July 3, 2024, 4:27 amUncategorizedNed Foley

This post is a revised version of a nonpublic email I sent yesterday. Several who received the email responded by saying that Lincoln example discussed in the email is useful. Therefore, I’m sharing it here. Yesterday the Washington Post ran… Continue reading

Is presidential poisoning of an AG absolutely immune?

July 3, 2024, 4:09 amUncategorizedNed Foley

I wrote the following originally as a nonpublic email but subsequently have been asked to make it publicly available. I do so in the spirit that deliberation among scholars about a new Supreme Court opinion as important as the presidential… Continue reading

The Electoral Count Reform Act and related provisions in Trump v. United States

July 2, 2024, 2:38 pmelectoral collegeDerek Muller

While serving as mere background and description in places, the majority opinion offers some statements that, I imagine, lower courts might find useful in the event future disputes arise relating to presidential elections. From the opinion: . . .… Continue reading

Must-read Adam Liptak: “In a Volatile Term, a Fractured Supreme Court Remade America” (Gift Link)

July 2, 2024, 10:29 amSupreme CourtRick Hasen

Must-read Adam Liptak NYT analysis of the just-completed Supreme Court term: Former President Donald J. Trump had a very good year at the Supreme Court. On Monday, the court ruled that he is substantially immune from prosecution on charges that… Continue reading

“Giuliani Disbarred From the Practice of Law in New York”

July 2, 2024, 10:27 amelection subversion riskRick Hasen

NYT: Rudolph W. Giuliani — the former mayor of New York, top federal prosecutor and a longtime ally of former President Donald J. Trump — has been disbarred from the practice of law effective immediately, a New York State appellate… Continue reading