Politico Breaks Down Differences between House and Senate Electoral Recount Count Bills
Politico offers a fairly readable break down of the key differences between the House and Senate bills seeking to reform the Electoral Recount Act of 1887.
Breaking–District Court preliminarily enjoins parts new Arizona voter law
The U.S. District Court for Arizona has preliminarily enjoined two key provisions of Arizona’s recent effort to regulate voter registration. Importantly, it found the statute’s provision seeking to criminalize efforts to register out-of-state voters is likely unconstitutionally vague and further… Continue reading
NCC’s Guardrails of Democracy Project
On Wednesday, the National Constitution Center is hosting a webinar as part of its Guardrails of Democracy project. The specific topic is “Election 2022: Are We Ready?” David French, Ilya Somin, and I will be participating on behalf of the … Continue reading
Insightful Preview of Upcoming VRA Case
Linda Greenhouse has written, John Roberts’s Long Game. Is this the End of the Voting Rights Act?–an insightful preview of Merrill v. Milligan, which will be argued on October 4. The lengthy Atlantic article cuts straight to the point:… Continue reading
Challenge to Delaware’s Efforts to Balance Partisan Composition of Judiciary to Proceed
AP: Delaware courts (including its Supreme Court, Court of Chancery and Superior Court) are subject to a constitutional provision that seeks to maintain a partisan balance on its courts by providing that “no more than a bare majority of… Continue reading
Is there a political question issue lurking in Moore v. Harper?
Plenty of commentary and analysis over Moore v. Harper focuses on the meaning of the Legislature Thereof Clause tucked inside the Elections Clause. But one concept has received essentially zero examination: the political question doctrine. Some of the history of… Continue reading
“Top State Judges Make a Rare Plea in a Momentous Supreme Court Election Case”
N.Y. Times Sidebar: The Conference of Chief Justices has filed a brief in Moore v. Harper opposing the independent state legislature doctrine. The Chief Justice of the Texas Supreme Court (accurately, in my view), told the N.Y. Times: “It’s… Continue reading
“Meadows texts reveal direct White House communications with pro-Trump operative behind plans to seize voting machines”
CNN reporting on new text messages between White House and those dubiously seeking access to voting machines in Arizona and Georgia in order to overturn election results in 2020:
“The messages, which have not been previously reported, shed new light… Continue reading
Status of Judicial Appointments on Eve of Midterms
NBC News: “President Joe Biden has won Senate confirmation for more than 80 of his nominees to be federal judges.” Moreover, “Biden has chosen an unusually diverse slate, with high shares of Black, Latino and Asian American judges, and he… Continue reading
“Trump Allies Challenging Georgia Voters To Suppress Midterm Turnout”
Steven Rosenfeld:
On August 29, eight cartons of notarized paperwork challenging 25,000 voter registrations were delivered by pro-Donald Trump “election integrity” activists to Gwinnett County’s election offices in suburban Atlanta. They were accompanied by additional paperwork claiming that 15,000… Continue reading
Watch Archived Video of My Constitution Day Lecture on Cheap Speech and American Democracy at the University of Utah
You can watch the presentation at this link.
“QAnon fans celebrate Trump’s latest embrace of the conspiracy”
CNN:
Supporters of QAnon on former President Donald Trump’s social media platform have celebrated what they see as his renewed embrace of the conspiracy theory over the past week after he shared a meme that was viewed as one… Continue reading
“Election equipment to be replaced in Coffee County after outsiders gain access”
AJC:
Georgia Secretary of State Brad Raffensperger said Friday that he will replace voting equipment in Coffee County after supporters of then-President Donald Trump and their computer analysts copied confidential data following the 2020 election.The decision comes after tech experts… Continue reading
“Election Deniers Are Pivoting to November. Will Voters Buy It?”
NYT:
As post-primary pivots go, Don Bolduc’s overnight transformation from “Stop the Steal” evangelist to ratify-the-results convert could land him in a political hall of fame. It was an about-face so sudden and jarring that it undermined the tell-it-like-it-is authenticity… Continue reading