Search Results for: %22upshot of this opinion%22
Can Congress Disqualify Trump After the Supreme Court’s Section 3 Ruling?
A Lawfare essay analyzing how best to read Trump v. Anderson for understanding its potential implications down the road. The piece delves deep into the details of both the per curiam and the separate opinion by the three liberals on… Continue reading
“BREAKING: Fulton judge kills six counts in Trump indictment” (Link to Order)
AJC:
Fulton Superior Court Judge Scott McAfee on Wednesday struck down six counts of the August indictment that alleged felony conduct by former President Donald Trump and 18 others, saying they lacked sufficient detail.
In a nine-page ruling, McAfee dismissed… Continue reading
“The Potential for Chaos in the Wake of the Supreme Court’s Colorado Ballot Decision”
Gerard Magliocca in Washington Monthly:
One goal of both parties to the Section 3 lawsuit was to obtain a decision on Trump’s eligibility before the election. As Justice Louis Brandeis once wrote, it is usually more important that the “law … Continue reading
Dan Tokaji in Balkinization Symposium on “A Real Right to Vote”: “Dare to Dream”
Here’s Dan Tokaji’s contribution to the symposium on my book, A Real Right to Vote:
Toward the end of his new book A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy, Rick Hasen addresses the concern that… Continue reading
Derek Muller for Balkinization Symposium on “A Real Right to Vote:” “Some skepticism about (and some promise for) a constitutional right to vote”
Derek Muller’s contribution to the symposium on my book, A Real Right to Vote:
But I have some doubts about whether the solution, which seems to invite much more involvement of the federal courts, fits the problem. Indeed, Chapter One… Continue reading
“Opinion: Steve Garvey’s strange win is a loss for California election reform. Here’s the solution”
Marcela Miranda-Caballero and David Daley’s new piece in the LA Times:
Schiff’s skulduggery was unfortunate but totally rational under the current system. In California’s unusual “jungle” primary, every candidate runs in the same preliminary election, and the top two vote-getters… Continue reading
“It’s Too Soon to Say if the Colorado Ballot Case Was a Loss for Anti-Trump Forces”
Mark Graber for the Washington Monthly:
In deciding for Trump, the Supreme Court acquired no additional political capital that might be employed against progressive rights and institutions. Instead, the opinion in Trump v. Anderson discredits conservative claims that the Court is making decisions… Continue reading
“Trump ballot ruling raises new questions even as it answers others”
Patrick Marley for WaPo:
The Supreme Court quickly and unanimously resolved a case this week that had divided legal scholars for months, clearing a path for Donald Trump to remain on the ballot for president nationwide. But in doing so,… Continue reading
“Going Big on Election Reform: A Political Scientist’s Take on Rick Hasen’s Proposed Constitutional Amendment”
Bruce Cain’s contribution to the Balkinization symposium on A Real Right to Vote:
Over the decades, Rick has been a consistent advocate for extending political participation, depoliticizing election administration, and promoting equality of voice. What has changed is not Rick’s… Continue reading
Texas AG Ken Paxton Successfully Targeted Elected Judges Who Held He Did Not Have Authority to Prosecute Election Fraud
Houston Chronicle:
The Court of Criminal Appeals upsets are much more clearly attributable to Paxton and his political allies, Jones said.
At a campaign event for Marc LaHood in San Antonio in January, Paxton asked for a show of hands… Continue reading
Balkinization Symposium on My Book, “A Real Right to Vote,” Opens with Michael Waldman’s Expanding Our Constitutional Imagination
I’m very grateful to Jack Balkin for hosting a symposium over the next week or so on my new book, A Real Right to Vote. I’m especially honored by the distinguished contributors: Bruce Cain (Stanford), Wilfred Codrington III (Brooklyn), Alex… Continue reading
Is the internal dispute in Trump v. Anderson a tempest in a teapot?
The more I try to parse out the dispute between the majority’s Part II-A of its opinion (and other language) and the opinion concurring in the judgment in Trump v. Anderson, the less confident I am that I understand… Continue reading
My New One at Slate: “The Supreme Court Just Delivered a Rare Self-Own for John Roberts”
I have written this piece for Slate. It begins:
The Supreme Court’s unsigned majority opinion in Trump v. Anderson, ending Colorado’s attempt to disqualify Donald Trump from appearing on the ballot as an insurrectionist, is a remarkable self-own. It… Continue reading