“Don’t Overread the Court’s Immunity Opinion”

July 15, 2024, 12:49 pmUncategorizedNed Foley

ELB readers might be interested in this Lawfare analysis. Its subheading: “Chief Justice Roberts gives neither Trump nor any future president a green light to tyranny, as some initial reactions to his opinion fear.” Its opening paragraph: The Supreme… Continue reading

2024 Supplements to Laycock and Hasen, Modern American Remedies 5th Edition, and to Concise 5th Edition, Now Available for Free Download

July 15, 2024, 11:00 amRemediesRick Hasen

You can find the 2024 Teachers’ Update to Laycock & Hasen, Modern American Remedies (5th edition) at this link . You can find the Teachers’ Update to the Concise 5th Edition at this link. Highlights: Current through the end of… Continue reading

Introduction to: Richard L. Hasen, “States a Bulwarks Against, or Potential Facilitators of, Election Subversion” (in new Zelizer and Greenberg book)

July 15, 2024, 10:07 amelection subversion risk, Supreme CourtRick Hasen

In a couple of weeks, NYU Press will release Our Nation at Risk: Election Integrity as a National Security Issue (Julian E. Zelizer & Karen J. Greenberg eds. NYU Press 2024). It’s an impressive and important collection that I’m glad… Continue reading

Breaking: Judge Cannon Says Appointment of Special Counsel Was Unconstitutional, Dismisses Trump Documents Case

July 15, 2024, 7:18 amDepartment of Justice, Supreme CourtDan Tokaji

NYT reports: In a stunning ruling, the judge, Aileen M. Cannon, found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation… Continue reading

Watch Archived Video of Supreme Court Term in Review Event Featuring Cary Franklin, Justin Levitt, Eugene Volokh, and Kimberly West-Faulcon (I Moderated) at Hammer Museum

July 15, 2024, 6:38 amSupreme CourtRick Hasen

This was a deep and provocative discussion, co-sponsored by the Safeguarding Democracy Project at UCLA Law. Watch.

“Trump Assassination Attempt Exposes the Mortal Core of America’s Politics”

July 15, 2024, 5:14 ampolitical parties, political polarizationDan Tokaji

Molly Ball in WSJ: For Trump and his followers, the shooting cemented his status as a victimized folk hero, a messianic figure who would sacrifice himself to save the country from ruin. “They tried to jail him. They tried… Continue reading

“Trump Once Unified Democrats and Divided Republicans. The Shooting And Debate Turned the Tables.”

July 15, 2024, 5:00 amauthoritarian threats in US, political partiesDan Tokaji

Jonathan Martin in Politico: The complete and total, to borrow a phrase, realignment of the GOP into the Party of Trump was nearly complete after he avoided being seriously challenged, let alone defeated, through the primaries. But it was… Continue reading

The Presidential Nominations Process: History and Suggested Reforms

July 15, 2024, 5:00 amUncategorizedRichard Pildes

With the start of the Republican Convention and the issues circulating concerning the Democratic Convention, the Task Force on Institutional Reforms to Combat Political Extremism—a group of political scientists, law professors, and others with expertise concerning the institutional structure of… Continue reading

“The road from the GOP’s antislavery founding to Trump’s MAGA convention”

July 15, 2024, 4:53 ampolitical partiesDan Tokaji

The Washington Post has this piece by the incomparable David Maraniss on the Republican Party’s roots in Ripon, Wisconsin. It begins: The distance between Ripon 1854 and Milwaukee 2024 seems far greater than 86 miles or 170 years. It was… Continue reading

“Democrats back off Biden after Trump shooting, but clock still ticking”

July 15, 2024, 4:45 amcampaign finance, political partiesDan Tokaji

The Hill: [T]he debate around Biden’s age and mental acuity was on hold, according to more than a dozen Democratic sources who requested anonymity to speak openly about a sensitive topic, which no one wanted to touch in the… Continue reading

“Top Democratic strategist pushed reporters to consider ‘staged’ shooting”

July 15, 2024, 4:34 amcampaign financeDan Tokaji

Semafor: The top political adviser to Democratic mega-donor Reid Hoffman suggested that the attack on Donald Trump could have been “staged,” even as Hoffman was criticized for joking before Saturday’s attack about Trump becoming a “martyr.” The adviser, Dmitri… Continue reading

“Conservative activists find errors in software they hoped would root out voter fraud”

July 15, 2024, 4:28 amvoter registrationDan Tokaji

NBC News: Last year, [conservative] activists excitedly embraced EagleAI and similar programs that promised to help them look through voter rolls across the country in search of outdated or fraudulent voter registrations, even as experts warned about the programs’… Continue reading

The Assassination Attempt Against Former President Trump

July 14, 2024, 6:28 amUncategorizedDan Tokaji

Yesterday’s horrifying attack injured former President Trump (though thankfully, he’s said to be okay), killed one rally attendee, and left at least two people critically injured. As the NYT editorializes: “Violence is antithetical to democracy. Ballots, not bullets, should… Continue reading

Brad Smith’s Testimony on Trump Hush Money Case

July 14, 2024, 6:26 amcampaign financeDan Tokaji

Brad’s testimony to the House Judiciary Committee is definitely worth reading, for those interested in a deep dive into the alleged federal campaign finance violations supporting the felony conviction of former President Trump. Brad explains why he thinks the jury… Continue reading