The Return of the Independent State Legislature Issue to the Court?

October 3, 2024, 8:22 amUncategorizedRichard Pildes

A case out of Montana is going to provide the next test of where the Court stands on the independent state legislature doctrine (ISL). In Moore v. Harper (2023), the Court rejected a more extreme version of the doctrine, but… Continue reading

My New One at Slate: “Jack Smith’s Big New Jan. 6 Brief Is a Major Indictment of the Supreme Court”

October 2, 2024, 2:48 pmelection subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: It’s rare to simultaneously feel red hot anger and wistfulness, especially when merely reading a document. But that’s exactly the emotions that washed over me when I read the redacted version… Continue reading

Breaking: Federal District Court Issues Preliminary Injunction Barring Enforcement of California Law Against Election-Related Deepfakes

October 2, 2024, 2:24 pmcheap speechRick Hasen

You can read the 21-page opinion at this link. The key point from the judge is the view that counterspeech is a more narrowly tailored alternative to the regulation of political speech. I agree with the lower court that California’s… Continue reading

“Court says betting on U.S. congressional elections can resume, for now”

October 2, 2024, 12:27 pmUncategorizedRick Hasen

AP: Betting on the outcome of U.S. Congressional elections can resume, at least temporarily, a federal appeals court ruled Wednesday. The U.S. Court of Appeals for the District of Columbia Circuit dissolved an order it had previously issued that prevented… Continue reading

“Georgia Republicans sow doubt about Dominion voting machines in 2020 throwback”

October 2, 2024, 12:04 pmchicanery, election administration, voting technologyRick Hasen

CNN: Just weeks before early voting begins in Georgia, Republican Party officials and Donald Trump allies are trying to preemptively sow doubt about the viability of Dominion systems used across the key swing state, arguing in court that the machines… Continue reading

“Colorado Supreme Court committee advances election-related change”

October 2, 2024, 7:08 amelectoral collegeDerek Muller

In the immediate aftermath of passage of the Electoral Count Reform Act, I noted that state legislatures should look to update their laws surrounding the timing of elections and litigation disputes. And last year, I highlighted some states that have … Continue reading

“Vance refuses to admit that Trump lost the 2020 election”

October 2, 2024, 7:01 amelection subversion riskRick Hasen

Politico: JD Vance declined to say that Donald Trump lost the 2020 election, drawing a sharp rebuttal from Tim Walz, who called his response a “damning non-answer.” “When this is over, we need to shake hands, and the winner needs… Continue reading

“How the US Supreme Court could get involved in the 2024 presidential election”

October 2, 2024, 6:50 amSupreme Court, UncategorizedRick Hasen

ABC News: The U.S. Supreme Court, faced with sagging public confidence and a deepening perception its decisions are politically-motivated, could soon play a critical role in how some 2024 presidential ballots are cast and counted and, potentially, how contested election… Continue reading

“Georgia judge signals a need to clarify ‘vague’ new election certification rule” (Republicans Push “Purcell Principle” Even Though We are in State Court)

October 1, 2024, 3:24 pmUncategorizedRick Hasen

CNN: A Georgia judge signaled Tuesday that he sees a need to bring clarity to the meaning of a “vague” new election certification rule approved by Donald Trump allies that critics say will inject chaos into the battleground state… Continue reading

“ACLU-PA Sues Luzerne County Over Removal of Drop Boxes “

October 1, 2024, 3:13 pmUncategorizedRick Hasen

Release: he American Civil Liberties Union of Pennsylvania has filed a lawsuit on behalf of Luzerne County voters and In This Together NEPA over the county manager’s decision to remove all mail ballot drop boxes ahead of the 2024 general… Continue reading

What Would a VP Vance Do on January 6, 2029? Matt Seligman Explores Before the VP Debate

October 1, 2024, 3:01 pmelection subversion riskRick Hasen

From his NYT oped: By saying he would have prevented Congress from counting the electoral votes that confirmed President Biden’s victory, Mr. Vance has admitted that he would have asserted an extra-constitutional power to abet Mr. Trump’s plot to… Continue reading

“New and Old Tools to Tackle Deepfakes and Election Lies in 2024”

October 1, 2024, 2:58 pmcheap speechRick Hasen

Some of the folks from Protect Democracy have this very helpful analysis at Lawfare.

Danielle Lang Has a New Voting-Related Substack

October 1, 2024, 2:55 pmUncategorizedRick Hasen

Check it out!

“Corruption and the Supreme Court”

October 1, 2024, 8:30 amUncategorizedRick Hasen

Can’t wait to read this new Josh Chafetz draft on SSRN (forthcoming, Yale Journal of Law and the Humanities). Here is the abstract: Corruption is everywhere at the Supreme Court. The justices routinely rule on what is—and, more frequently, what… Continue reading