“Justice Thomas Did Not Disclose Additional Trips, Democrats Say”

December 21, 2024, 9:34 amconflict of interest laws, Supreme CourtRick Hasen

NYT: Justice Clarence Thomas failed to disclose two additional trips from a billionaire patron than have previously come to light, Senate Democrats revealed on Saturday after conducting a 20-month investigation into ethics practices at the Supreme Court. The findings were… Continue reading

Ninth Circuit, on 2-1 Vote, Holds Unconstitutional Campaign Contribution Limits in Oxnard, California Elections

December 20, 2024, 4:13 pmcampaign financeRick Hasen

The majority and dissent agreed to apply the Supreme Court’s Randall framework, but disagree on application. Perhaps the Ninth Circuit will take up this case en banc, as it seems in tension with other circuit precedent.

“Trump Moves to Replace Officials Whom New Presidents Traditionally Leave Alone”

December 20, 2024, 2:55 pmauthoritarian threats in USRick Hasen

Charlie Savage for the NYT: President-elect Donald J. Trump has moved to install loyalists in jobs that Congress did not intend for new presidents to replace at the start of their terms, eroding a traditional constraint on executive power even… Continue reading

Quote of the Day

December 20, 2024, 12:00 pmUncategorizedRick Hasen

“One or more of the organizations of the Plaintiffs’ counsels are politically based organizations, such as the organization United to Protect Democracy, whose website states: ‘Protect Democracy is a… group dedicated to defeating the authoritarian threat… and protecting liberal democracy.… Continue reading

“Judges increasingly alarmed as Trump’s Jan. 6 clemency decision nears”

December 20, 2024, 10:09 amelection subversion riskRick Hasen

Politico: U.S. District Judge Tanya Chutkan says she has often reassured police officers traumatized by the violence of Jan. 6, 2021, that “the rule of law still applies.” But as President-elect Donald Trump — once a defendant in Chutkan’s very … Continue reading

“‘Co-president’ Elon Musk? Trump ally tests influence in spending fight”

December 20, 2024, 7:35 amPlutocrats UnitedRick Hasen

WaPo: Elon Musk has never been elected to office. President-elect Donald Trump has not tapped him to serve in any role inside the government. Until the July assassination attempt, he never even publicly supported Trump. But this week, critics… Continue reading

“Patel floated criminally probing police, lawmakers involved in Jan. 6 committee”

December 20, 2024, 7:26 amauthoritarian threats in US, chicaneryRick Hasen

WaPo: Kash Patel, Donald Trump’s pick to lead the FBI, has suggested that multiple individuals previously critical of the president-elect should be criminally investigated, according to a review by The Washington Post of dozens of hours of appearances on conservative… Continue reading

“Can Democracy Survive the Disruptive Power of AI?”

December 20, 2024, 7:24 amcheap speechRick Hasen

Raluca Csernatoni for the Carnegie Endowment.

ELB Book Corner: Nick Stephanopoulos: “Aligning Election Law – Aligning (and Misaligning) Institutions”

December 20, 2024, 7:00 amELB Book CornerRick Hasen

I am pleased to welcome Nick Stephanopoulos to the ELB Book Corner, writing about his new book, Aligning Election Law. This is the fifth of five posts: I finished yesterday’s post about my new book, “Aligning Election Law,” by… Continue reading

“Democrats continue to dominate spending in competitive general elections”

December 20, 2024, 6:15 amUncategorizedRichard Pildes

From the Cook Political Report (paywalled): In the 20 most expensive House races, Democrats outspent Republicans in all but two races, per AdImpact. That’s largely due to Democratic candidates’ fundraising advantage over Republicans. Across the 20 most expensive races, the… Continue reading

“Online Ad Spending in the 2024 Election Topped $1.35 Billion”

December 19, 2024, 5:29 pmcampaign finance, campaignsRick Hasen

New from the Brennan Center for Justice at NYU Law, OpenSecrets, and the Wesleyan Media Project. Key findings: Between January 1, 2023, and November 5, 2024, online political advertisers spent $1.35 billion to buy ads on Google and Meta. More… Continue reading

“States Must Take the Lead on Election Security”

December 19, 2024, 5:27 pmelection administration, voting technologyRick Hasen

Derek Tisler Brennan Center brief: American elections face increasingly complex cyber and physical security threats from foreign adversaries, emerging technology, and escalating risks of political violence. Fortifying election systems against these threats is essential. Historically, state and local governments have… Continue reading

“Campaign Finance: Observations on Public Financing Programs in Selected States and Localities”

December 19, 2024, 1:12 pmcampaign financeRick Hasen

New GAO report: States and localities have generally implemented public campaign financing programs using one of three models: (1) grants—participating candidates receive lump-sum grants of public funds; (2) matching funds—participating candidates receive public funds matching certain private contributions they raise,… Continue reading