DC Circuit Rejects First Amendment Challenge to White House Press Pass Credentialing Policy in Opinion That Requires Policy to Be Applied in Viewpoint Neutral Way (a Holding that Could Help AP)
I have been following the Ateba case closely, writing about it in From Bloggers in Pajamas to The Gateway Pundit: How Government Entities Do and Should Identify Professional Journalists for Access and Protection, forthcoming in THE FUTURE OF PRESS… Continue reading
Mitch McConnell WSJ Oped: “Trump Gives Democrats a Voting Gift”
Senator McConnell oped:
In the near term, Executive Order 14248 will face constitutional scrutiny. That isn’t because the citizenship requirement for participation in elections is unclear but because the delegation of authority over election administration is crystal clear. Elections… Continue reading
“Former Wisconsin justice to give up law license over 2020 election review”
WaPo:
A former Wisconsin Supreme Court justice agreed Monday to give up his law license for three years after facing a string of ethics allegations stemming from his error-riddled review of the 2020 election for Republican state lawmakers.
In… Continue reading
“Judge rejects state’s effort to overturn Huntington Beach’s voter ID law”
OC Register:
An Orange County judge on Monday, April 7, denied the state attorney general’s efforts to overturn Huntington Beach’s voter ID law, saying he disagreed with arguments it would disenfranchise voters in future elections.
“There is no showing that… Continue reading
“Justice Dept. Lawyers Are Struggling to Defend Trump’s Policies in Court”
NYT:
The Trump administration’s aggressive efforts to enact major elements of its agenda have led to a series of courtroom clashes between increasingly skeptical judges and the beleaguered lawyers responsible for defending the government’s positions, which some have come to… Continue reading
“State Confidence in Elections: Results, Practice, and Legislation”
Charles Stewart and Joseph Loffredo have posted this draft on SSRN. Here is the abstract:
In recent years, confidence and trust in the American electoral system have drawn the attention of academics, the media, the public, and policymakers. Much of… Continue reading
“Constitutional Limits On Legislative Overrides Of Statutory Initiatives In Ohio”
Derek Clinger has posted this draft on SSRN (forthcoming, Case Western Law Review). Here is the abstract:
After Ohioans overwhelmingly approved an initiated statute in 2023 legalizing adult-use marijuana and establishing a regulatory framework for the new commercial industry, state… Continue reading
“Enforcing the Law of Democracy: On the Marine Le Pen Ineligibility Judgment and Its Implications”
Camille Aynes and Eleonora Bottini blog:
It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called… Continue reading
North Carolina Supreme Court Issues Temporary Stay in Griffin Case Over Supreme Court Election
Court order:
BREAKING: NC Supreme Court has temporarily blocked appeals court decision that would've disqualified roughly 267 ballots and required more than 61,000 voters to cure registration/ballot deficiencies within 15 business days in order for their votes to count. Story… Continue reading
“A Reprieve for Democracy: Reading Allen v. Milligan on the Sixtieth Anniversary of the Voting Rights Act”
Deuel Ross has written this fascinating article for the Harvard Civil Rights-Civil Liberties Law Review. Here is the abstract:
Voting is an act of faith. Faith that your vote will matter. Faith that your vote will make a difference.… Continue reading
“In Trump’s Second Term, Retribution Comes in Many Forms”
NY Times:
When President Trump returned to office, his rivals and law enforcement officials feared he would follow through on his pledges to use the Justice Department and F.B.I. to investigate and even imprison his perceived enemies.
But since winning… Continue reading
Facebook Officially Abandons Cite Checking
Joel Kaplan on X:
Via Brian Stelter
NC elections, due process, and a friendly (?) amendment
Hi. Justin here. Rick Pildes just posted here about the significant federal due process problems with Friday’s state appellate opinion on the North Carolina state supreme court race.
I’ll go further: I think that the appellate decision raises a number… Continue reading