“Missouri campaign watchdog is once again unable to function due to vacancies”

April 23, 2025, 5:01 amcampaign finance, ethics investigationsTravis Crum

Missouri Independent: Last fall, St. Louis attorney Brad Ketcher read the news that a Republican candidate for the Missouri Senate was using money from his church to help fund his campaign. As the chief of staff to former Democratic… Continue reading

Breaking: 4th Circuit, on 2-1 Vote, Halts Likely Unconstitutional “Cure” Order in North Carolina Supreme Court Election Contest. What’s Next?

April 22, 2025, 6:52 pmelection subversion risk, judicial electionsRick Hasen

The court’s order stops what is likely an unconstitutional attempt approved by North Carolina state courts to overturn the results an election to the North Carolina Supreme Court. I’ve written about the irreparable harm from the district court’s allowing a… Continue reading

“Jury finds NY Times not liable in Sarah Palin defamation case”

April 22, 2025, 1:44 pmFirst Amendment theoryTravis Crum

Reuters: A federal jury in Manhattan on Tuesday found the New York Times not liable for allegedly defaming Sarah Palin in a 2017 editorial about gun control, dealing the former Republican U.S. vice presidential candidate a second loss at… Continue reading

Supreme Court Denies Stay in Ohio Ballot Initiative Case

April 22, 2025, 11:53 amdirect democracy, referendum, Supreme CourtTravis Crum

The shadow docket order in Yost v. Brown is here. The case concerns Ohio AG Yost’s repeated refusal to certify a proposed summary of a proposed constitutional amendment. The district court concluded that the ballot initiative proponents’ First Amendment… Continue reading

“3 More Prosecutors Resign Over Adams Case, Refusing to Admit Wrongdoing”

April 22, 2025, 10:14 amchicanery, Department of JusticeRick Hasen

NYT: Three Manhattan federal prosecutors who worked on the criminal corruption case against Mayor Eric Adams of New York City said Tuesday that they would resign rather than admit wrongdoing in refusing to abandon the case, according to an email… Continue reading

“Hundreds of scholars say U.S. is swiftly heading toward authoritarianism”

April 22, 2025, 10:07 amauthoritarian threats in USTravis Crum

NPR: A survey of more than 500 political scientists finds that the vast majority think the United States is moving swiftly from liberal democracy toward some form of authoritarianism. In the benchmark survey, known as Bright Line Watch,… Continue reading

Virginia Felon Disenfranchisement Law: “The Supreme Court Could Take Another Shot at Voting Rights”

April 22, 2025, 7:26 amUncategorizedTravis Crum

This is a fascinating challenge to Virginia’s felon disenfranchisement law on the grounds that it violates the fundamental conditions placed on its 1870 re-admission to the Union. The Court’s docket can be found here. At this stage of the… Continue reading

Arkansas: “Lawsuit claims new ballot laws violate voting rights, seeks court intervention”

April 22, 2025, 7:13 amUncategorizedTravis Crum

KATV News: The League of Women Voters of Arkansas (LWVAR) has filed a lawsuit challenging several state laws that they argue dismantle Arkansas’s ballot initiative process. … The lawsuit, filed Monday, lists 5 bills brought forward by Senator Kim… Continue reading

“The Slippery Slope of Political Iconography”

April 22, 2025, 7:10 amUncategorizedTravis Crum

NYT: Earlier this month Brendan Carr, the chairman of the Federal Communications Commission, decided to swap out his usual American flag lapel pin. Instead of the stars and stripes, he pinned a gold medallion in the shape of President… Continue reading

“Wife of former senator Bob Menendez found guilty in corruption case”

April 22, 2025, 4:41 amUncategorizedTravis Crum

Wash. Post: The wife of former U.S. senator Bob Menendez was found guilty on Monday of helping her husband generate a steady flow of bribes and gifts that totaled about $1 million and included gold bars, cash and a… Continue reading

“Voter Fraud Mistake”

April 22, 2025, 4:40 amUncategorizedTravis Crum

Benjamin Plener Cover (Idaho) has posted this draft, which is creatively entitled “Voter Fraud Mistake,” on SSRN (forthcoming, William and Mary Bill of Rights Journal). Here is the abstract: False narratives challenging electoral integrity often cite ineligible voting as… Continue reading

Sixth Circuit affirms that injunction would be inappropriate for Michigan state criminal prosecution of 2020 presidential elector

April 22, 2025, 4:35 amcourt decisionsDerek Muller

Straightforward (unpublished) opinion on Younger abstention before the Sixth Circuit, released last week.

Judge Griffin Ignores Justice Scalia’s Bush v. Gore Argument About Irreparable Harm in His Brief in 4th Circuit in Due Process Challenge to Attempt to Overturn Result of North Carolina Supreme Court Election

April 21, 2025, 4:47 pmelection subversion risk, judicial electionsRick Hasen

You can read Judge Griffin’s brief at this link. It briefly cites Bush v. Gore, but completely ignores the main point about irreparable harm that Justice Scalia first flagged in his Bush v. Gore stay concurrence. See here.… Continue reading

“Harvard Sues Trump Administration Over $2.2 Billion Funding Freeze”

April 21, 2025, 3:44 pmUncategorizedTravis Crum

The Complaint is here. The Harvard Crimson reports: Harvard sued the Trump administration in federal court on Monday over its multibillion dollar cuts to the University’s research funding, accusing the White House of undertaking an arbitrary and unconstitutional campaign… Continue reading