Tom Edsall in the NYT does a masterful job synthesizing the state-of-the-art empirical knowledge on how changes in recent years to the way elections are financed have contributed to polarization and extremism. Relying on this data, the piece makes two… Continue reading
His N.Y. Times opinion column:
“[The Baude-Paulsen article presents] a fascinating and compelling argument that only grows more compelling with each painstakingly researched page. But as I was reading it, a single, depressing thought came to my mind. Baude… Continue reading
Judge Luttig and Larry Tribe in The Atlantic, agreeing with the Baude-Paulsen view of Trump’s disqualification under section 3 of the Fourteenth Amendment:
“The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment… Continue reading
Since writing my Washington Post column on procedural issues relating to whether or not Trump is constitutionally disqualified from serving as a president again under section 3 of the Fourteenth Amendment, I have been asked by some journalists a version… Continue reading
John Matsusaka has posted this draft on SSRN. Here is the abstract:
Direct democracy backsliding occurs when a state alters its laws to hinder the use of initiatives and referendums. This study quantifies the prevalence of direct democracy backsliding over… Continue reading
The following is a guest post from Brandon Johnson, who begins as an Assistant Professor at the University of Nebraska on August 14:
The Supreme Court received praise for two election law decisions issued in the waning weeks of its… Continue reading
I am pleased to welcome Sam Issacharoff to ELB Book Corner, author of the new book, Democracy Unmoored. Here’s the second of four posts:
Previously I addressed the unique vulnerability of election systems in the face of populism. Let… Continue reading
Here’s the abstract of the paper available on SSRN: “This review essay draws on recent books by Richard L. Hasen and Jacob Mchangama to reflect on the difficult tradeoffs faced by civil liberties advocates in the context of democratic… Continue reading
Hansi Lo Wang has this extended NPR piece on the still-growing impact of Purcell v. Gonzalez (audio to be added late tomorrow afternoon). It includes an interview with Helen Purcell, who was Maricopa County’s top election official when the Supreme… Continue reading
This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I’ll start with the Takings Clause.
As soon as I read Justice Kavanaugh’s concurring opinion in Moore v. Harper, I thought of Leah Litman‘s scholarship on novelty and how Kavanaugh’s proposed rule, if it becomes law, would deter the growth of state constitutional law protecting… Continue reading
The following is a guest post from Rob Yablon:
Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading
(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. Harper that creates something of a time bomb for litigation.)
Expect many more… Continue reading