“‘They didn’t do it clearly enough’: SCOTUS ruling prompts worries of another Jan. 6 crisis”

March 5, 2024, 7:38 amUncategorizedRick Hasen

Politico: The Supreme Court said Monday it was avoiding “chaos” by squashing state-level efforts to throw Donald Trump off the ballot. Instead, the high court may have just shifted that chaos to Congress. The decision ignited an intense debate… Continue reading

“Amy Coney Barrett disagreed with the majority over Trump, but admonished the liberals instead”

March 5, 2024, 7:32 amUncategorizedRick Hasen

Joan Biskupic for CNN: Justice Amy Coney Barrett packed two very different messages into her one-page opinion on Monday as the Supreme Court declared states could not toss former President Donald Trump off the ballot. She chastised her colleagues on the right… Continue reading

March 12 Commonwealth Club Virtual Event in Conversation with Guy Marzorati on My New Book, “A Real Right to Vote”

March 5, 2024, 7:24 amReal Right to VoteRick Hasen

You can find tickets for this virtual event here. (Note this was originally listed as an in-person event that will now take place online.)

I Spoke to the “Sidebar” Podcast About My New Book, “A Real Right to Vote”

March 5, 2024, 7:21 amReal Right to VoteRick Hasen

You can listen here.

My New One with Dahlia Lithwick in Slate: “It’s Past Time to Quit Hoping the Courts Are Going to Stop Trump”

March 4, 2024, 1:08 pmUncategorizedRick Hasen

Dahlia Lithwick and I have written this piece for Slate. It begins: The latest decisions out of the Supreme Court, first on when to hear former President Donald Trump’s immunity appeal, then on how to deal with his Colorado ballot… Continue reading

March 14 Free Safeguarding Democracy Project Webinar: “Business’s Role in Preventing Democratic Backsliding Webinar”

March 4, 2024, 1:04 pmelection subversion riskRick Hasen

Looking forward to this online event, March 14 from 12 pm-1 pm PT. It is free but registration is required. March 14, 12pm – 1pm Business’s Role in Preventing Democratic Backsliding Webinar Register here Daniella Ballou-Aares (Leadership… Continue reading

“Newly Released Messages Detail Roots of the ‘Fake Electors’ Scheme”

March 4, 2024, 1:01 pmUncategorizedRick Hasen

NYT: Just five days after Election Day in 2020, a conservative lawyer named Kenneth Chesebro emailed a former judge who was working for the Trump campaign in Wisconsin, James R. Troupis, pitching an idea for how to overturn the results.… Continue reading

“20 years of data shows no link between mailed ballots and illegal voting”

March 4, 2024, 12:56 pmelection administration, fraudulent fraud squadRick Hasen

Steven Rosenfeld for The Fulcrum: It is an article of faith among those who do not believe Donald Trump lost in 2020 that mailing ballots to voters increases illegal voting — often called voter fraud. “Before the machines were introduced,… Continue reading

I Spoke to Michel Martin of NPR’s “Morning Edition” About the Ruling in the Trump Disqualification Case

March 4, 2024, 11:04 amSupreme CourtRick Hasen

You can listen here.

Wow: Trump v. Anderson Started as Having a Partial Justice Sotomayor Dissent

March 4, 2024, 10:35 amUncategorizedRick Hasen

Great sleuthing from Mark Joseph Stern:

Fourteenth Amendment federalism over Electoral College federalism in Trump v. Anderson

March 4, 2024, 8:54 amelectoral collegeDerek Muller

This sentence, perhaps more than any other, in my judgment, drives the decision in Trump v. Anderson (and the unanimous consensus of the Supreme Court): Because federal officers “‘owe their existence and functions to the united voice of the whole,… Continue reading

How Should We Read Justice Barrett’s Separate Decision in Trump Disqualification Case? Is this 6-3 or 5-4 on Congress’s Power?

March 4, 2024, 7:50 amUncategorizedRick Hasen

Following up on my earlier discussion of today’s ruling, some are asking whether the decision about Congress’s power is really 6-3 and I wrote, or 5-4 given Justice Barrett’s concurrence. Justice Barrett joined Parts I and II.B, but not… Continue reading

Breaking: Supreme Court Unanimously Holds Colorado Cannot Disqualify Trump, But Divides Bitterly 6-3 Over Limits on Congress’s Power to Do So; Gives SCOTUS the Final Word on Trump Disqualification

March 4, 2024, 7:16 amUncategorizedRick Hasen

You can find the Supreme Court’s decision, along with separate opinions of Justice Barrett, and Justices Kagan, Sotomayor, and Jackson (together) at this link. [This post is in progress] The Court unanimously agrees that states cannot enforce Section 3… Continue reading

“More action needed to tackle disinformation and enhance transparency of online platforms: OECD”

March 4, 2024, 6:50 amcheap speechRick Hasen

Release: As roughly half the world’s population prepares to vote in elections, a new OECD report offers the first baseline assessment of how OECD countries are upgrading their governance measures to support an environment where reliable information can thrive, prioritising… Continue reading

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The law of politics and the politics of law