“An election probe heightens the tension between Texas leaders and the Houston area”


Tension between GOP state leaders in Texas and election officials in the Democratic-leaning Houston area is at an all-time high after the 2022 election.

Republicans are accusing Harris County officials of “election improprieties” that resulted in delayed polling site openings, paper ballot shortages and staffing issues on Election Day, among other things.

Harris County District Attorney Kim Ogg announced last month that she was mandated to open an investigation into the county’s midterm election following requests from Republican Gov. Greg Abbott and the Texas secretary of state’s office.

In a Nov. 14 letter, the secretary of state’s office told Ogg that it was seeking to review “possible unlawful conduct regarding the handling of blank paper ballots” during the election. State officials say their preliminary investigation, based on interviews with election judges, found the county may have been in violation of at least two sections of the Texas Election Code. In the letter, though, the secretary of state’s office did not provide any evidence of intentional criminal conduct.

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Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard

During oral argument in Moore v. Harper today, one could be forgiven to forget that Chief Justice William Rehnquist passed away nearly two decades ago and is not currently sitting on the court. He was invoked more than a dozen times. His concurring opinion in Bush v. Gore, an opinion much maligned in the bulk of academic commentary on the topic and untouched by the Supreme Court for many years, seemed to attract the attention of the Court as a “middle way.”

There’s a lot to unpack from this development alone.

Continue reading Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard
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What Difference Would It Make If the Supreme Court in the Moore v. Harper Case Embraced the Bush v. Gore Concurrence Rather Than a Full-Throated Independent State Legislature Theory?

In my earlier recap of today’s oral argument in Moore v. Harper (transcript here), I suggested that the middle ground position that the three Justices in the middle might embrace would be bad but not awful compared to the… Continue reading

(Rick Hasen) Live-Blogging the Supreme Court’s Oral Arguments in the Moore v. Harper (Independent State Legislature); Now UPDATED with Analysis and Reason to Think Court Will Reject Maximalist Version of ISLT

[This post has been updated.] UPDATE: After almost three hours of oral argument, a divided Supreme Court appeared searching for a middle ground to hold that in really egregious cases state courts can violate the federal constitution when they apply… Continue reading