During last week’s arguments on this issue, the Special Counsel took the position that there are a significant number of limitations on potential criminal prosecutions of ex-Presidents. These limitations would provide ex-Presidents with functional immunity, when they apply. They are… Continue reading
Very interesting report from Paul Kane of the Washington Post of a day-long meeting of 7 former Republican and six former Democratic members of Congress:
“Their ideas ranged from a major rethinking of how the body works to symbolic changes… Continue reading
USA Today reports. The article begins: “The Republican National Committee and its lawyers are going state to state seeking to influence what laws and procedures will govern the November election.” I think it’s only fair to point out, which the… Continue reading
Business Insider confirms what I suspected:
Now, Manhattan prosecutors now say an old, rarely used section of the state election law is their favorite on the menu of potential underlying crimes.
“As the court is aware, falsifying business records in… Continue reading
POLITICO:
“On Tuesday, the Trump campaign sent a letter to pro-Trump, external organizations asking them to attend an “entirely off-the-record, private,” and “invite-only” meeting with senior campaign officials, according to a copy of the letter obtained by POLITICO. The… Continue reading
A new Common Ground Democracy essay, drawing upon Rick Pildes’s work, to discuss why it’s wrong to rely solely on a hope for increased civic virtue, among either politicians or voters, to protect democracy from authoritarianism. Instead, institutional reforms… Continue reading
The journal PS: Political Science and Politics has published a special issue on the topic of Democracy Backsliding. Papers include The Resilience of Democracy’s Third Wave by Stephen Levitsky and Lucan Way. Other papers concern how to measure democratic backsliding… Continue reading
N.Y. Times. Adam quotes Pam Karlan, Mellisa Murray, and Michael Dorf, as well as excerpts from the oral argument. For example:
‘In the real world, Professor Karlan said, “it’s really hard to imagine a ‘stable democratic society,’ to use… Continue reading
From Advance Colorado v. Griswold:
In 2021, the Colorado state legislature passed The Ballot Measure Fiscal Transparency Act (“HB 21-1321”), which requires certain language be included in state-imposed titles of citizen-initiated ballot measures. Specifically, if the proposal contains a… Continue reading
In The Tyranny of the Two-Party System, Lisa Disch writes that the pervasive narrative that the United States is, and will always be, a two-party system is a product of “a reading of history that selects for continuity.” Indeed,… Continue reading