“How Supreme Court Shocker Could Give Trump Truly Terrifying New Powers;” I Spoke with Greg Sargent for the Daily Blast Podcast

July 2, 2024, 6:31 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: Yesterday the Supreme Court released its shocking new ruling in the case involving Donald Trump’s demand for absolute immunity from prosecution for insurrection-related crimes. The court gave Trump much of what he wanted, notably ensuring that his trial for… Continue reading

“How Bad is the Trump Immunity Ruling?” I Spoke with the Slate “What Next?” Podcast

July 2, 2024, 6:27 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: The Supreme Court has ruled that presidents enjoy “substantial immunity” from prosecution for crimes committed while in office, which includes absolute immunity for “core constitutional duties” and “presumptive immunity” for “official acts.” All good news for one Donald J. Trump. How… Continue reading

“My New One at Slate: “Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy”

July 1, 2024, 12:29 pmauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: Is the Supreme Court obtuse or disingenuous? In its awful immunity ruling on Monday benefiting Donald Trump, the court seems so worried about future threats to democracy that could come from… Continue reading

I Spoke with NPR’s Morning Edition About the Trump Immunity Ruling

July 1, 2024, 12:00 pmauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

You can listen here. From the transcript: MARTIN: Speaking of the future beyond the criminal cases against former president Trump, this opinion does create new precedent for all American presidents. So to talk about that, we’ve called Rick Hasen, a… Continue reading

Supreme Court on 6-3 Party Line Vote Holds Trump Immune for Official Acts; Remand for Fact Intensive Questions of Whether Some of Trump’s Election Subversion Efforts Were Not Official Acts. No Chance of Trial Before Election

July 1, 2024, 7:37 amUncategorizedRick Hasen

As expected. Analysis to come.

“Corporate lobbyists eye new lawsuits after Supreme Court limits federal power”

July 1, 2024, 6:39 amlegislation and legislatures, lobbying, Supreme CourtRick Hasen

WaPo: Mere hours after the Supreme Court sharply curbed the power of federal agencies, conservatives and corporate lobbyists began plotting how to harness the favorable ruling in a redoubled quest to whittle down climate, finance, health, labor and technology regulations… Continue reading

The Tik-Tok Election

July 1, 2024, 6:37 amcampaigns, cheap speechRick Hasen

Playbook: A new report from CredoIQ shows the viral-video peril for Biden after the debate. Among the top-performing TikToks responding to the debate — which garnered 483 million views — 39 percent of views were on negative Biden content,… Continue reading

“Paid operatives linked to a GOP firm are helping Cornel West in Arizona”

July 1, 2024, 6:32 amballot access, chicanery, third partiesRick Hasen

NBC News: A dozen paid operatives registered with Arizona’s secretary of state on Sunday to collect signatures on behalf of left-wing presidential candidate Cornel West, listing their employer as a Republican-leaning firm that recently worked for GOP House candidate Blake… Continue reading

“The Basis for Election Exceptionalism in Justiciability and Related Doctrines: ‘Constitutional Compensation’ in Light of Purcell”

July 1, 2024, 6:25 amcourt decisions, Supreme CourtRick Hasen

Vik Amar and Evan Caminker have posted this draft on SSRN (forthcoming, University of Illinois L. Rev.). Here is the abstract: Pursuant to the so-called Purcell doctrine, lower federal courts (and perhaps the U.S. Supreme Court itself) are supposed to… Continue reading

“Republicans are turning Biden’s voter registration order into a partisan flash point”

June 30, 2024, 7:24 pmNVRA (motor voter), The Voting Wars, voter registrationRick Hasen

Hansi Lo Wang for NPR: In these final months before this fall’s election, Republican officials are ramping up attacks on a three-year-old executive order President Biden issued to try to get more eligible voters signed up to cast ballots. The… Continue reading

Recording of Structural Reform Webinar is available

June 30, 2024, 5:50 amUncategorizedNed Foley

Here’s the link to the recording of the webinar that Election Law at Ohio State held last week on the topic of structural reform of the electoral process–and specifically the policy tradeoffs involved between Instant Runoff Voting (technically, the “Hare”… Continue reading

“GOP recruits poll monitors from suburban areas to monitor the vote in Democratic cities”

June 29, 2024, 5:21 pmelection administrationRick Hasen

NBC News: Republicans have made suburban areas a recruiting ground for their army of Election Day poll monitors, with plans to deploy some into urban, Democratic epicenters that have remained the focus of conservatives’ erroneous claims of voter fraud.… Continue reading