“Going Big on Election Reform: A Political Scientist’s Take on Rick Hasen’s Proposed Constitutional Amendment”

March 8, 2024, 7:36 amReal Right to VoteRick Hasen

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

March 7, 2024, 8:12 amUncategorizedRick Hasen

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

March 6, 2024, 7:27 amReal Right to VoteRick Hasen

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?

March 6, 2024, 6:39 amSupreme CourtDerek Muller

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”

March 5, 2024, 3:25 pmSupreme CourtRick Hasen

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

“‘They didn’t do it clearly enough’: SCOTUS ruling prompts worries of another Jan. 6 crisis”

March 5, 2024, 7:38 amUncategorizedRick Hasen

Politico: The Supreme Court said Monday it was avoiding “chaos” by squashing state-level efforts to throw Donald Trump off the ballot. Instead, the high court may have just shifted that chaos to Congress. The decision ignited an intense debate… Continue reading

“Amy Coney Barrett disagreed with the majority over Trump, but admonished the liberals instead”

March 5, 2024, 7:32 amUncategorizedRick Hasen

Joan Biskupic for CNN: Justice Amy Coney Barrett packed two very different messages into her one-page opinion on Monday as the Supreme Court declared states could not toss former President Donald Trump off the ballot. She chastised her colleagues on the right… Continue reading

My New One with Dahlia Lithwick in Slate: “It’s Past Time to Quit Hoping the Courts Are Going to Stop Trump”

March 4, 2024, 1:08 pmUncategorizedRick Hasen

Dahlia Lithwick and I have written this piece for Slate. It begins: The latest decisions out of the Supreme Court, first on when to hear former President Donald Trump’s immunity appeal, then on how to deal with his Colorado ballot… Continue reading

Fourteenth Amendment federalism over Electoral College federalism in Trump v. Anderson

March 4, 2024, 8:54 amelectoral collegeDerek Muller

This sentence, perhaps more than any other, in my judgment, drives the decision in Trump v. Anderson (and the unanimous consensus of the Supreme Court): Because federal officers “‘owe their existence and functions to the united voice of the whole,… Continue reading

Breaking: Supreme Court Unanimously Holds Colorado Cannot Disqualify Trump, But Divides Bitterly 6-3 Over Limits on Congress’s Power to Do So; Gives SCOTUS the Final Word on Trump Disqualification

March 4, 2024, 7:16 amUncategorizedRick Hasen

You can find the Supreme Court’s decision, along with separate opinions of Justice Barrett, and Justices Kagan, Sotomayor, and Jackson (together) at this link. [This post is in progress] The Court unanimously agrees that states cannot enforce Section 3… Continue reading

“More action needed to tackle disinformation and enhance transparency of online platforms: OECD”

March 4, 2024, 6:50 amcheap speechRick Hasen

Release: As roughly half the world’s population prepares to vote in elections, a new OECD report offers the first baseline assessment of how OECD countries are upgrading their governance measures to support an environment where reliable information can thrive, prioritising… Continue reading

Supreme Court Decision in Trump Colorado Disenfranchisement Case Almost Certainly Being Released Monday at 10 am ET (So It’s Technically Out Before Super Tuesday and Colorado Voting) and It Will Not Let Colorado Disqualify Trump

March 3, 2024, 11:45 amSupreme Court, votingRick Hasen

As recently as this weekend, the Supreme Court had not announced that it was going to issue opinions this week. Opinion releases usually happen when the Justices physically take the bench in Court, and the next opportunity for that which… Continue reading

“Wisconsin Supreme Court rejects move to reconsider state’s congressional maps”

March 1, 2024, 4:45 pmredistrictingRick Hasen

Milwaukee Journal-Sentinel: The Wisconsin Supreme Court on Friday rejected a request to reconsider the state’s congressional maps ahead of the next election, ensuring the current district boundaries will remain in place for 2024. The court’s decision ends a last-minute push … Continue reading

Federal Court Strikes Down Some, Upholds Other, Parts of Arizona Laws Requiring Proof of Citizenship to Register to Vote in State Elections and for State to Investigate Possible Noncitizen Registration

March 1, 2024, 11:38 amvoting, Voting Rights ActRick Hasen

This is a complex ruling in a long-running case. (Via AZ Law). From the conclusion of the 109-page opinion: Non-US Plaintiffs may enforce § 10101 of the Civil Rights Act. Requiring individuals who register to vote using the State… Continue reading

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