The Institutional Implications of Translation Necessity

August 22, 2023, 8:00 amUncategorizeddisqualification, Section 3Ned Foley

Derek’s point about the hugely different nature of presidential elections today compared to when the Fourteenth Amendment was adopted is a crucial one and must be kept firmly in mind as one considers the question of constitutional interpretation (or is… Continue reading

John Eastman Statement in Turning Himself in for Booking at Fulton County, GA Jail

August 22, 2023, 7:41 amUncategorizedRick Hasen

Here (via Greg Bluestein):

“”Hispanic Republicans vie to oust Democrats in diverse districts”

August 22, 2023, 7:27 amUncategorizedRick Hasen

Roll Call: In 2020, Republicans had a net gain of 14 seats in the House, and every seat they flipped from Democrats was captured by a woman, a veteran or a candidate of color. In 2022, the party put forth… Continue reading

Lost in translation: applying Section 3 to twenty-first century presidential elections

August 22, 2023, 6:23 amelectoral college, legislation and legislaturesDerek Muller

In 1868, when the Fourteenth Amendment (including its Section 3) was adopted, presidential elections looked something like this: Political parties gathered together in a convention to nominate candidates for president and vice president. State parties would then choose presidential electors… Continue reading

“Opinion: Is the end finally near for New York’s congressional redistricting?”

August 21, 2023, 8:19 pmUncategorizedRick Hasen

Jeff Wice and Piper Benedict oped: The redistricting process created by the 2014 state constitutional amendment brought us to today’s situation. The amendment’s poorly developed and incomplete language should compel legislators and the public to look for a better… Continue reading

“In Trump cases, experts say defendant’s rhetoric will be hard to police”

August 21, 2023, 8:12 pmUncategorizedRick Hasen

WaPo: At her first hearing overseeing the 2020 election obstruction case against former president Donald Trump, U.S. District Judge Tanya S. Chutkan tried to draw a line in the sand: “I intend to keep politics out of this.” Legal… Continue reading

“The Moore the Merrier: How Moore v. Harper’s Complete Repudiation of the Independent State Legislature (ISL) Theory is Happy News for the Court, the Country and Commentators”

August 21, 2023, 8:05 pmlegislation and legislatures, Supreme CourtRick Hasen

New Vik Amar piece, forthcoming in the Cato Supreme Court Review. Here is the abstract: This Essay thoroughly analyzes the 2023 U.S. Supreme Court Moore v. Harper decision, examines how the ruling reflects (laudable) doctrinal movement by the various Justices,… Continue reading

“How race sets Trump’s Georgia indictment apart from other cases”

August 21, 2023, 8:02 pmUncategorizedRick Hasen

I spoke with ABC Radio Australia about my recent Slate piece. Listen.

“The Still Secret Ballot: The Limited Privacy Cost of Transparent Election Results”

August 21, 2023, 8:00 pmUncategorizedRick Hasen

Shiro Kuriwaki (Yale Political Science), Jeff Lewis (UCLA Political Science), and Michael Morse (Penn Law) have posted this draft about whether releasing individual-level cast vote records would violate the secret ballot. Here is the abstract: After an election, should election… Continue reading

“To Protect Elections, Protect Researchers”

August 21, 2023, 2:28 pmUncategorizedRick Hasen

New from CDT.

“Can deliberation cure our divisions about democracy?”

August 21, 2023, 11:09 amUncategorizedelectoral reform, ranked choice votingNed Foley

Boston Globe opinion essay by James Fishkin and Larry Diamond describing the results of their deliberative poll on various electoral reforms. The whole essay is a “must read”; here’s a bit of it: “Partisan differences seem immovable, some say even … Continue reading

“Trump and his allies double down on election lies after indictments for trying to undo 2020 results”

August 21, 2023, 10:05 amelection subversion risk, fraudulent fraud squadRick Hasen

AP: A federal indictment and one in Georgia charging Donald Trump with lying about the 2020 election to overturn President Joe Biden’s win have done nothing to slow the geyser of election falsehoods flowing from the former president and his… Continue reading

“Violent threats, racist messages: Bipartisan officials call the aftermath of the 2020 election ‘terrifying'”

August 21, 2023, 8:40 amUncategorizedRick Hasen

USA Today reports.

“These Voters Share Almost No Political Beliefs, but They Agree on One Thing: We’re Failing as a Nation”

August 21, 2023, 7:52 amUncategorizedRick Hasen

NYT: There are few things that Republicans and Democrats agree on. But one area where a significant share of each party finds common ground is a belief that the country is headed toward failure. Overall, 37 percent of registered voters… Continue reading