“Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial”
Under-discussed story from Alaska Public Radio:
In November 1955, the 55 delegates of Alaska’s constitutional convention gathered in Fairbanks, intent on drafting the fundamental document for a new state. But before they began, each member stood and swore an… Continue reading
What Difference Would It Make If the Supreme Court in the Moore v. Harper Case Embraced the Bush v. Gore Concurrence Rather Than a Full-Throated Independent State Legislature Theory?
In my earlier recap of today’s oral argument in Moore v. Harper (transcript here), I suggested that the middle ground position that the three Justices in the middle might embrace would be bad but not awful compared to the… Continue reading
A Few Thoughts on Moore v. Harper Oral Argument
Here are some things that struck me listening to the argument today.1) What will the RKB triumvirate do? As Rick Hasen noted in his post, the question is which way will Roberts, Kavanaugh, and Barrett go. My guess is… Continue reading
(Rick Hasen) Live-Blogging the Supreme Court’s Oral Arguments in the Moore v. Harper (Independent State Legislature); Now UPDATED with Analysis and Reason to Think Court Will Reject Maximalist Version of ISLT
[This post has been updated.]
UPDATE:
After almost three hours of oral argument, a divided Supreme Court appeared searching for a middle ground to hold that in really egregious cases state courts can violate the federal constitution when they apply… Continue reading
Addressing a Key Issue Discussed at Length in Moore v. Harper Argument
I’m going to re-up a post of mine from Dec. 3rd on this issue: how relevant should the Bush v. Gore concurrence on statutory interpretation, which CJ Rehnquist authored, be in considering the role of state courts in interpreting the… Continue reading
Argument previews for Moore v. Harper
Jess Bravin in the Wall Street Journal.
Adam Liptak in the New York Times.
Nina Totenberg at NPR.
Robert Barnes in the Washington Post. (Which includes this graf: “‘Fringe’ is a word ubiquitous in the filings.… Continue reading
“How Colorado executes its signature-match requirement for ballots disenfranchises many voters, a lawsuit claims”
From Colorado Public Radio:
Lawful votes are unconstitutionally discarded in Colorado, often because a voter’s signature doesn’t match what’s on file, according to a lawsuit filed in Denver District Court late last week.
The signature match requirement is meant… Continue reading
I Spoke with Vox’s “The Weeds” Podcast: “The Bipartisan Bill That Could Protect Elections”
“Fourth Circuit urged to strike down North Carolina election libel law”
Courthouse News Service:
A Fourth Circuit panel heard arguments Tuesday over whether the campaign committee for North Carolina’s Democratic attorney general should face criminal charges under a state law banning the spread of false information to damage a candidate’s… Continue reading
“Corruption Charges Dismissed Against Ex-Lt. Gov. Brian Benjamin”
New York Times:
A federal judge in Manhattan dismissed bribery charges against former Lt. Gov. Brian A. Benjamin of New York on Monday, saying prosecutors had not demonstrated an explicit quid pro quo in what they asserted was a… Continue reading
Federal court tosses challenge to FEC’s decision to accept paperwork for Trump’s presidential candidacy
In Castro v. FEC, a pro se FEC-registered candidate for the 2024 presidential election challenged the FEC’s decision to accept Donald Trump’s candidacy for election, arguing that Trump is not qualified to serve. A federal district court just dismissed … Continue reading
The Profound Ahistoricism of Moore v. Harper
The Supreme Court will hear arguments tomorrow about the scope of state legislative authority to determine “the time, place, and manner” of federal elections. Petitioners’ position is that state legislatures are freed from state constitutional constraints when they make decisions… Continue reading
“Justice Dept. subpoenas Arizona, Michigan, Wisconsin officials for Trump communications”
Washington Post:
Special counsel Jack Smith has subpoenaed local officials in Arizona, Michigan and Wisconsin — three states that were central to former president Donald Trump’s failed plan to stay in power following the 2020 election — for any… Continue reading