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6 Nov 2020, 8:20 am by Lawrence Lessig, Jason Harrow
The legal theory that would allow state legislatures to go rogue and appoint electors without regard for the popular vote rests on an argument made by Chief Justice William Rehnquist in Bush v. [read post]
5 Nov 2020, 4:25 pm by CrimProf BlogEditor
Here is the abstract: The Supreme Court’s 2019 decision in Bucklew v.... [read post]
30 Oct 2020, 11:53 am by Nathan Dorn
London: Bradbury and Evans, 1854-1872, 25 v. [read post]
29 Oct 2020, 9:00 pm by Austin Sarat and Daniel B. Edelman
But the Court itself issued no ruling.More than a century later, the Court entered the fray in Bush v. [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
Gore litigation—Chief Justice William Rehnquist joined by Justices Antonin Scalia and Clarence Thomas—that is the modern font of this notion that elected state legislatures are protected from interference by other state bodies with regard to regulation of federal elections. [read post]