“The Pa. House is set to approve new voter ID rules, reversing years of Democratic opposition”

May 13, 2025, 7:27 amelection administration, voter idRick Hasen

Philadelphia Inquirer: fter years of opposing such a measure, Pennsylvania Democrats are poised on Tuesday to allow a vote in the state House on a bill that, if passed, would create new ID requirements to vote in the commonwealth, alongside… Continue reading

“Rule of law is ‘endangered,’ chief justice says”

May 13, 2025, 7:16 amauthoritarian threats in US, Supreme CourtRick Hasen

Josh Gerstein for Politico: Chief Justice John Roberts described the rule of law as “endangered” and warned against “trashing the justices,” but speaking in Washington Monday he didn’t point fingers directly at President Donald Trump or his allies for publicly… Continue reading

Justice Souter, Democracy Champion, Has Passed Away

May 9, 2025, 7:52 amelection law biz, Supreme CourtRick Hasen

Justice David Souter passed away yesterday at age 85. He was nominated by a Republican president but skewing liberal in some key areas. He was smart in his questions on the bench and meticulous in his opinion-writing. I did not… Continue reading

Breaking: Three-Judge District Court Finds Alabama’s Congressional Redistricting Plan Intentionally Discriminated Against Black Voters Updated

May 8, 2025, 12:43 pmcourt decisions, redistricting, Uncategorized, Voting Rights ActTravis Crum

The court’s 571-page opinion is here. This decision is on remand from the Supreme Court’s 5-4 ruling in Allen v. Milligan. This is the latest decision in the long-running Section 2 litigation against Alabama’s congressional redistricting plans. Back in… Continue reading

6th Circuit finds Michigan engaged in “reasonable efforts” to remove dead voters from voter rolls

May 8, 2025, 4:21 amcourt decisions, election administrationDerek Muller

Unanimous panel decision in Public Interest Law Foundations v. Benson. No standing for plaintiffs for some of the claims, and I’m a bit surprised the panel made no effort to examine whether there’s a private right of action to… Continue reading

My New One in The Atlantic: “America Needs More Judges Like Judge Myers; He did the right thing in North Carolina’s Supreme Court fight, and he deserves praise.”

May 7, 2025, 1:43 pmelection subversion riskRick Hasen

I have written this piece for The Atlantic. It begins: When judges act as partisan hacks, it is important to condemn their conduct. Last month, four Republican Justices on the North Carolina Supreme Court blessed the anti-democratic attempt by fellow… Continue reading

Bush v. Gore and the North Carolina Supreme Court Election Case

May 6, 2025, 12:31 pmUncategorizedRichard Pildes

At an earlier stage of Judge Griffin’s attempt to challenge the election results in the contest for the North Carolina Supreme Court seat, I had written that the state court of appeals decision to call into question over 61,000 ballots… Continue reading

“Trump once joked about a third term. Now, he says it’s no laughing matter.”

May 2, 2025, 7:46 amauthoritarian threats in USRick Hasen

WaPo: President Donald Trump was sitting in the dining room off the Oval Office earlier this spring when he noticed a CNN headline scrolling along the bottom of the television about his desire to seek a third term. He was… Continue reading

“Trump’s Maximalist Assertion of Presidential Power Tests the Rule of Law”

April 30, 2025, 8:21 amauthoritarian threats in USRick Hasen

Charlie Savage for the NYT: Nearly every president has pushed the bounds of executive power to try to achieve something specific. And a handful of presidents who took office during a true national crisis, like the Civil War or the… Continue reading

“Nearly 2,600 incarcerated people voted in Colorado last year under new law”

April 25, 2025, 1:20 pmfelon voting, votingTravis Crum

The Guardian: It was a Sunday in late October 2024 when Jesus Rodriguez, then 29, voted for the first time. He voted in person for the presidential and state races, but his polling place wasn’t at a church, school… Continue reading

New Article on Democracy and Political Assembly

April 23, 2025, 7:04 amacademic freedom, First Amendment theoryDissent, hate speech, January 6, Peaceable Assembly, pro-Palestinian Protests, Right of Assembly, Title VITabatha Abu El-Haj

At this time, when so many democratic norms and institutions of government and civil society are being challenged, I hope readers of this blog will be interested in my new article, A Right of Peaceable Assembly, forthcoming in the… Continue reading

Breaking: 4th Circuit, on 2-1 Vote, Halts Likely Unconstitutional “Cure” Order in North Carolina Supreme Court Election Contest. What’s Next?

April 22, 2025, 6:52 pmelection subversion risk, judicial electionsRick Hasen

The court’s order stops what is likely an unconstitutional attempt approved by North Carolina state courts to overturn the results an election to the North Carolina Supreme Court. I’ve written about the irreparable harm from the district court’s allowing a… Continue reading

“The Slippery Slope of Political Iconography”

April 22, 2025, 7:10 amUncategorizedTravis Crum

NYT: Earlier this month Brendan Carr, the chairman of the Federal Communications Commission, decided to swap out his usual American flag lapel pin. Instead of the stars and stripes, he pinned a gold medallion in the shape of President… Continue reading

“Voter Fraud Mistake”

April 22, 2025, 4:40 amUncategorizedTravis Crum

Benjamin Plener Cover (Idaho) has posted this draft, which is creatively entitled “Voter Fraud Mistake,” on SSRN (forthcoming, William and Mary Bill of Rights Journal). Here is the abstract: False narratives challenging electoral integrity often cite ineligible voting as… Continue reading