“The US supreme court may turn this election into a constitutional crisis”

February 14, 2024, 5:34 amSupreme CourtRick Hasen

Sidney Blumenthal for The Guardian: Imagine it is 6 January 2025. The bell tolls for the day of electoral college certification again. All the events of 2024 converge: The US supreme court’s likely ruling in Trump v Anderson denying Colorado’s… Continue reading

“Why a Supreme Court easy out in Trump ballot battle could lead to post-election chaos”

February 13, 2024, 12:06 pmSupreme CourtRick Hasen

John Fritze and Marshall Cohen for CNN: When it comes to deciding whether former President Donald Trump should be booted from Colorado’s ballot, the easiest path the Supreme Court could take now may wind up causing the most… Continue reading

“Meta turns its back on politics again, angering some news creators”

February 11, 2024, 7:48 amcheap speechRick Hasen

WaPo: Meta announced on Friday it would stop proactively recommending political content on Instagram or its upstart text-based app Threads, alarming news and politics-focused creators and journalists gearing up for a crucial election year. While users will still be allowed… Continue reading

My New One at Slate: “A Grand Bargain Is Emerging in the Supreme Court’s Trump Cases, But Chaos May Be Ahead”

February 8, 2024, 11:39 amUncategorizedRick Hasen

I have written this piece for Slate. It begins: After oral arguments at the Supreme Court in Trump v. Anderson, a grand bargain that appears to make practical sense as a compromise is beginning to come into view: the Supreme Court… Continue reading

More confirmation of need to end partisan primaries

February 7, 2024, 9:19 amUncategorizedNed Foley

Since writing the new Common Ground Democracy column “Collapse of Border Bill Proves Need for Electoral Reform,” I now see Paul Kane’s column this morning providing further evidence that partisan primaries are preventing congressional Republicans from governing in the national… Continue reading

Trump Pushes Out RNC Head Ronna McDaniel and Wants Her Replaced with 2020 Election Denier

February 6, 2024, 5:06 pmelection subversion riskRick Hasen

NYT: The chairwoman of the Republican National Committee, Ronna McDaniel, has told former President Donald J. Trump she is planning to step down shortly after the South Carolina primary on Feb. 24, according to two people familiar with the plans.… Continue reading

The Stay Order is Likely the Whole Ball Game on Whether Trump Goes to Trial Before the Election on Federal Election Subversion Charges

February 6, 2024, 2:21 pmUncategorizedRick Hasen

Dahlia Lithwick and Mark Joseph Stern: When called upon to weigh in by Trump, the Supreme Court will have three likely options. First, it can deny the stay and refuse to take up the case. And it should. To… Continue reading

Some thoughts on state power to conduct presidential primaries (and why the Moore v. Harper claim may really be legally meritless)

February 6, 2024, 1:41 pmballot access, Elections ClauseDerek Muller

On the heels of some arguments raised by Marty Lederman and challenged by Richard Bernstein, I wanted to weigh in on Professor Lederman’s side–and in doing so, turn to agree with Mr. Bernstein’s sharp observation the Moore v. Harper… Continue reading

Did the Colorado Secretary of State help revitalize the Moore v. Harper issue ahead of the Trump v. Anderson oral argument?

February 4, 2024, 5:15 amballot access, Supreme CourtDerek Muller

In my recent rundown of arguments raised in Trump v. Anderson, I noted that the Legislature Thereof Clause argument–that the state court in Colorado botched the interpretation of state law so badly that it mangled the legislature’s preferences (an open… Continue reading

Trump v. Anderson: the election law case that wasn’t (but might be)

February 2, 2024, 5:27 amballot accessDerek Muller

I have long treated Trump v. Anderson (and related cases) as an election law case first, and as a separate substantive constitutional law (or Section 3) case second. I’ve long had this view on these qualifications cases, stretching back a… Continue reading

“Pro-Biden PAC launches $1 million campaign to pay social media influencers”

January 23, 2024, 7:54 amcampaigns, cheap speechRick Hasen

Politico: LaToi Storr, a 42-year-old content creator and lifestyle blogger based in Philadelphia, normally posts Instagram and TikTok videos of local restaurants and skincare tips, mingled with some community-focused material on Black mental health care. Last fall, she started posting… Continue reading

“Auditors find no fraud in SC election process, but make some clean-up suggestions”

January 18, 2024, 1:18 pmelection administrationRick Hasen

South Carolina Daily Gazette: A review of South Carolina’s election process found no fraud that could have swayed results, but auditors do recommend cleaning up the voter rolls more often. Findings include a few instances of ballots cast by voters… Continue reading

Ned Foley-Ben Ginsberg-Rick Hasen Amicus Brief Warns SCOTUS of Political Instability, Potential Violence, and Voter Disenfranchisement If It Avoids Deciding Merits in Trump Disqualification Case

January 18, 2024, 11:30 ampolitical polarization, Supreme CourtRick Hasen

Thanks to the excellent work of Michael Kimberly and Charles Seidell of the McDermott Firm, Ned Foley, Ben Ginsberg and I have filed this amicus brief supporting neither party in the Trump disqualification case at the Supreme Court. Below is… Continue reading

“The Danger of Trump’s Bogus ‘Summary of Election Fraud'”

January 9, 2024, 11:30 amelection subversion risk, fraudulent fraud squadRick Hasen

Bill Lueders at The Bulwark: IN A RAMBLING VIDEO POSTED LATE LAST NIGHT, Donald Trump said that he found “tremendous amounts of voter fraud in the 2020 election. We have volumes of information. It’s all there.” Hardly “volumes” and hardly… Continue reading

Election Law Blog

The law of politics and the politics of law

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