“Pro-Trump disruptions in Arizona county elevate fears for the 2024 vote”

March 18, 2024, 7:28 amelection subversion riskRick Hasen

WaPo: As the board of supervisors for Arizona’s largest county abruptly ended a meeting late last month, a swarm of people rushed toward the dais, shouting that the members were illegitimate. The Maricopa County leaders made a beeline for a… Continue reading

“Supreme Betrayal: A requiem for Section 3 of the Fourteenth Amendment”

March 14, 2024, 11:35 amUncategorizedRick Hasen

Judge Luttig and Laurence Tribe in the Altantic: The Supreme Court of the United States did a grave disservice to both the Constitution and the nation in Trump v. Anderson. In a stunning disfigurement of the Fourteenth Amendment, the… Continue reading

“The Potential for Chaos in the Wake of the Supreme Court’s Colorado Ballot Decision”

March 13, 2024, 7:32 amUncategorizedRick Hasen

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

Sandy Levinson in Balkinization Symposium: “Do We Need Audacity Instead of Measured Prudence? On the Pathos of Richard Hasen’s Call For “A Real Right To Vote”

March 11, 2024, 8:16 amReal Right to VoteRick Hasen

Sandy Levinson in the symposium on my book, A Real Right to Vote: So Hasen’s latest book is his latest exercise of warning the American public about the deficiencies of our electoral system and calling on us to engage in… Continue reading

Alex Keyssar on “A Real Right to Vote”: “That Little Omission in the Constitution”

March 10, 2024, 3:41 pmUncategorizedRick Hasen

Alex Keyssar, as part of the Balkinization symposium on my new book, A Real Right to Vote: It is with this backdrop in mind, as well as my own historical writing and twenty years of witnessing increasingly strident struggles… Continue reading

“Give us (a lasting consensus on really protecting) the Right to Vote!”

March 7, 2024, 6:54 amReal Right to VoteRick Hasen

Emily Rong Zhang in the Balkinization symposium on A Real Right to Vote: I am reminded of the following aphorism as I read Rick’s new book: “Never let a good crisis go to waste.” If we can emerge from the… Continue reading

In Florida Social Media Case, Florida’s Lawyer Defends, Without Recognizing It, an Equalizing Interest in Requiring Platforms to Carry Speech They Don’t Want

February 27, 2024, 7:58 amcheap speech, Supreme CourtRick Hasen

I thought this exchange in the transcript of the Moody case was particularly telling (I’ve bolded the response that I think shows an interest in imposing an equality floor): JUSTICE KAVANAUGH: Can I — can I ask you about a… Continue reading

My New One at Slate: “The Biggest Supreme Court Case That Nobody Seems to Be Talking About”

February 23, 2024, 7:34 amcheap speech, election subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: On Monday, the Supreme Court will hear arguments in a pair of cases out of Texas and Florida that could force major social media platforms to carry posts from Donald Trump… Continue reading

Some Idle Speculation About What the Supreme Court Will Do About Trump’s Request to Put His Election Subversion Case on Hold on Immunity Grounds;It’s Potentially Good News for a Trial This Spring/Summer

February 22, 2024, 6:42 pmelection subversion risk, Supreme CourtRick Hasen

As ELB readers know, Donald Trump’s federal district court trial in DC on election subversion charges, that was scheduled for March, has been put on hold as Trump has pursued an “interlocutory” appeal (that is, an appeal in the middle… Continue reading

“West Virginia’s top election official embraces conspiracy theories and election denial”

February 21, 2024, 4:47 pmUncategorizedRick Hasen

NBC News: The National Association of Secretaries of State Winter Conference is usually a cordial affair. It’s one of two occasions every year in which top election officials from most states gather to commiserate and share nonpartisan advice. But at… Continue reading

Andrew Albright: “Opportunities for IE Reform in California Law in a Post-Citizens United World”

February 21, 2024, 10:09 amcampaign financeRick Hasen

The following is a guest post from Andrew Albright: In Citizens United, as we all know, the Supreme Court held that independent expenditures (IEs) cannot be a source of quid pro quo corruption so long as the persons or entities publishing the IEs… Continue reading

“Effort to allow for early processing of Wisconsin absentee ballots stalls out”

February 20, 2024, 7:38 amabsentee ballotsRick Hasen

WPR: Local clerks may still have to wait until Election Day to begin processing absentee ballots in Wisconsin, despite a bipartisan effort to allow for early canvassing. The state Assembly passed legislation in November that would allow election workers to… Continue reading

On January 6, 2025

February 15, 2024, 6:43 amballot access, electoral collegeDerek Muller

When Congress convenes to count electoral votes on January 6, 2025, it will face intense pressure. If the Supreme Court rejects Colorado’s effort to bar Donald Trump from the primary ballot, its path seems likely to leave the door open… Continue reading

“Election Denial Can’t Overcome Election Certification Protections”

February 13, 2024, 2:16 pmchicanery, election administration, election subversion riskRick Hasen

Lauren Miller: Election certification has long been an unfamiliar term to most Americans, and for good reason. Certification, the statutory process by which officials sign off on the accuracy and completion of election results, usually serves as an important but… Continue reading