Breaking: Supreme Court Will Not Hear John Eastman Case Seeking to Wipe Out District Court Decision That He Likely Committed a Crime with Trump of Attempted Election Subversion; J. Thomas Recuses

October 2, 2023, 6:44 amelection subversion risk, Supreme CourtRick Hasen

From the order list: 22-1138 EASTMAN, JOHN C. V. THOMPSON, BENNIE G., ET AL.The petition for a writ of certiorari is denied. Justice Thomas took no part in the consideration or decision of this petition. I was glad to see,… Continue reading

The limited path for litigation after Moore v. Harper was set out in a series of related cases between 2004 and 2007

June 28, 2023, 6:46 amElections Clause, legislation and legislaturesDerek Muller

ELB readers may recall my post last year on Colorado General Assembly v. Salazar (2004). There, the Court, over three dissenting justices, denied cert in a Legislature Thereof Clause dispute under the Elections Clause in Colorado’s redistricting. A lot of… Continue reading

John Eastman Offers Warped View of 2020 Election, the January 6 “incursion into the Capitol,” and His Attempt to Subvert Election, in Supreme Court Brief Seeking to Erase District Court Case Finding He and Trump Likely Participated in a Crime

May 28, 2023, 12:26 pmelection subversion risk, Supreme CourtRick Hasen

Via Tierney Sneed at CNN, comes this cert. petition before the Supreme Court in No. 22-1138. Eastman is asking for a Munsingwear vacatur of a federal district court ruling, which would wipe that case off the books on grounds it… Continue reading

Supreme Court Vacates as Moot Third Circuit Decision About Counting Timely But Undated Absentee Ballots in Pennsylvania

October 11, 2022, 7:15 amabsentee ballots, Supreme CourtRick Hasen

Today’s order means the loss of a helpful precedent. Here’s how the cert. petition put the issue: Pennsylvania requires voters to sign and date a declaration when they vote by mail. In a private lawsuit filed after a local… Continue reading

Recent judicial developments on the qualifications to run for Congress

May 31, 2022, 1:59 pmelection law and constitutional lawDerek Muller

It’s been a busy year for the typically-sleepy Qualifications Clause of the Constitution, but a couple of judicial developments are noteworthy. First, Newsom v. Golden considered the Tennessee Republican Party’s move to boot a candidate who failed to meet the… Continue reading

Cert Petition, Opposition Filed in RNC v. DNC Case

December 6, 2012, 1:14 pmUncategorizedRick Hasen

You can read the cert. petition and appendix filed by the RNC and the opposition filed by the DNC. Here is the Supreme Court docket. Even putting aside the political nature of the case which will get it some… Continue reading