Eighth Circuit considers whether the Voting Rights Act allows private parties to sue under Section 2

January 26, 2023, 11:39 amVoting Rights ActDerek Muller

An Eighth Circuit panel recently heard oral argument (MP3) in Arkansas State Conference NAACP vs. Arkansas Board of Apportionment. It’s an appeal from a district court decision concluding that private parties may not sue under Section 2 of… Continue reading

Must-Read NYT: “Barr Pressed Durham to Find Flaws in the Russia Investigation. It Didn’t Go Well.”

January 26, 2023, 11:22 amUncategorizedRick Hasen

Must-read NYT: It became a regular litany of grievances from President Donald J. Trump and his supporters: The investigation into his 2016 campaign’s ties to Russia was a witch hunt, they maintained, that had been opened without any solid… Continue reading

“With newfound powers, statehouse Democrats race to expand voting rights”

January 25, 2023, 8:10 pmUncategorizedRick Hasen

CNN: After strong electoral results in the midterm elections, Democrats in some key states are moving quickly this year on voting rights – pushing ambitious plans to expand access to the ballot ahead of the 2024 presidential election. In… Continue reading

“Cochise County elections director resigns after protecting midterm ballots from Republican officials”

January 25, 2023, 8:06 pmelection administration, election subversion riskRick Hasen

Votebeat Arizona: During last fall’s fights in Cochise County over hand-counting ballots and rejecting the election results, county residents say they were glad there was one person standing up to defend elections. Elections Director Lisa Marra repeatedly explained — to… Continue reading

University of CA National Center on Free Speech and Civic Engagement Now Accepting Applications for the 2023-24 Class of Fellows

January 25, 2023, 8:04 pmUncategorizedRick Hasen

You should apply! (I’m on the advisory board.)

“Three-Judge District Courts, Direct Appeals, and Reforming the Supreme Court’s Shadow Docket”

January 25, 2023, 8:02 pmSupreme CourtRick Hasen

Michael Solimine has posted this draft on SSRN (forthcoming, Indiana Law Journal Supplement). Here is the abstract: The “shadow docket” is the term recently given to a long-standing practice of the United States Supreme Court, in granting or denying requests… Continue reading

“Meta to Reinstate Trump’s Facebook and Instagram Accounts”

January 25, 2023, 3:26 pmcheap speech, election subversion riskRick Hasen

NYT: Just over two years after Donald J. Trump’s accounts were suspended from Facebook and Instagram, Meta, the owner of the platforms, said on Wednesday that it would reinstate the former president’s access to the social media services. Mr.… Continue reading

“The improbability of George Santos’ $199 expenses”

January 25, 2023, 7:43 amcampaign finance, chicaneryRick Hasen

Politico: Rep. George Santos’ congressional campaign reported dozens of transactions just cents below the threshold that would have triggered a requirement to preserve spending records — an unusual spending pattern that is now part of broader complaints about alleged financial improprieties.… Continue reading

“2023’s Biggest, Most Unusual Race Centers on Abortion and Democracy”

January 25, 2023, 7:31 amjudicial electionsRick Hasen

NYT: In 10 weeks, Wisconsin will hold an election that carries bigger policy stakes than any other contest in America in 2023. The April race, for a seat on the state’s evenly divided Supreme Court, will determine the fate of… Continue reading

“The Sacred Lies of Virginia Thomas”

January 25, 2023, 7:29 amelection subversion riskRick Hasen

Frank Wilkinson: Virginia Thomas — who goes by “Ginni” — occupies a singular place in elite conservative politics. Yet what’s striking about her testimony is how generically MAGA it is. She laments election “fraud and irregularities” for which she can… Continue reading

“Three Texas counties sue Ken Paxton to settle dilemma over public access to ballots”

January 24, 2023, 2:59 pmUncategorizedRick Hasen

Votebeat: At least three Texas counties — Tarrant, Williamson, and Harris — have sued Attorney General Ken Paxton and are asking a judge to strike down a legal opinion he released last year that says anyone can access voted ballots… Continue reading

“4 more Oath Keepers found guilty of seditious conspiracy tied to Jan. 6 attack”

January 24, 2023, 9:02 amelection subversion riskRick Hasen

Politico: Four members of the far-right Oath Keepers were found guilty on Monday of attempting to derail the transfer of power from President Donald Trump to Joe Biden on Jan. 6, 2021. A jury found that the four men —… Continue reading

“Will the Real G.O.P. Please Stand Up? A National Power Struggle Goes Local.”

January 24, 2023, 7:38 ampolitical partiesRick Hasen

NYT: Zach Scherer, a 20-year-old car salesman and Republican activist in Pennsylvania’s Butler County, decided to run for a seat on the county commission this year — a move that ordinarily would mean seeking the endorsement of local Republican Party… Continue reading