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18 Nov 2022, 12:21 pm
Smith will oversee the investigation into whether any person or entity unlawfully interfered with the 2020 presidential election and certification of the Electoral College vote on Jan. 6, 2021, as well as the investigation into the unlawful removal of classified documents and other presidential records from the White House to Trump’s Mar-a-Lago residence. [read post]
16 Nov 2022, 1:33 pm
" They also have a chance of simply winning a real election, especially given that voter suppression is getting worse in places like Georgia -- and, oh by the way, the Electoral College's anti-majoritarian features will still be in place.Conclusions? [read post]
16 Nov 2022, 12:32 pm
(Originally published by Stanford News on November 10, 2002) SLS Professor Nathaniel Persily and other Stanford scholars weigh in on the 2022 midterm election results. [read post]
16 Nov 2022, 4:00 am
Undergirding both electoral and deliberative democracy are institutions supporting the rule of law. [read post]
15 Nov 2022, 9:01 pm
If a state were to pass a law today saying that, say, its governor will decide which slate of electors will represent the state in the Electoral College every four years, that law would not violate the United States Constitution.Now, however, such laws have no prospect of being passed in enough states to guarantee a Republican win in 2024. [read post]
15 Nov 2022, 4:00 am
Bijal Shah is an Associate Professor of Law and Provost Faculty Fellow at Boston College Law School. [read post]
14 Nov 2022, 12:57 pm
The committee also discovered a document signed by Ward, indicating that Ward would have served as an elector for Trump in the Electoral College, one of the final steps of the US electoral process, even if Trump lost the election in Arizona. [read post]
14 Nov 2022, 4:00 am
Of course, the presidential electoral system is locked into the Constitution and would require a constitutional amendment to change. [read post]
14 Nov 2022, 4:00 am
Harper, Trump will have a path back to power that does not depend on his winning the Electoral College as it has traditionally acted, much less winning the national popular vote.But this is not an essay about ISL, Moore v. [read post]
13 Nov 2022, 9:01 pm
One is tempted to ask: But are we to be ruled instead by an all-powerful judiciary with the same instruments but without even a president’s accountability to the electorate? [read post]
11 Nov 2022, 5:31 am
Even if the current "Trump was the big loser" insta-conventional wisdom turns out to be true, the person who replaces him (whether it is my newly re-elected governor or some other MAGA Republican) will keep the foot on the gas, and all of the efforts to subvert the 2024 election will move forward.This will include another assist from the Supremes, who are likely to endorse the Independent State Legislature theory, which will give the still-gerrymandered Republican majorities in the… [read post]
11 Nov 2022, 5:20 am
Most pertinently, it seems clear that the Supreme Court will soon rule in favor of the so-called Independent State Legislature theory (which my Verdict colleague Vikram Amar thoroughly debunked again two days ago), allowing gerrymandered Republican state legislatures in swing states to override the will of their voters in 2024 and award electors to Donald Trump (or whoever is the Republican presidential nominee).More broadly, the moving parts in our constitutional rules for presidential… [read post]
9 Nov 2022, 9:01 pm
But [in] 1858, Lincoln didn’t say [that the] biggest issue is land grant colleges. [read post]
8 Nov 2022, 9:01 pm
Even more ominously, under ISL any state legislature in 2024 and beyond simply could (if it announced before an election that it was going to do so) directly pick presidential electors on Presidential Election Day—even if its state constitution assigns this momentous choice to the state’s voters.Moore also raises important questions about constitutional interpretation more generally, far beyond election law.Granted, in a sane world, Moore should be viewed as an easy case—a… [read post]
7 Nov 2022, 8:49 am
Indeed, the Electoral College was designed by the Framers specifically to prevent a national popular election of the President. [read post]
6 Nov 2022, 9:01 pm
With the exception of college-educated women driven to the polls by the Supreme Court’s recent overruling of Roe v. [read post]
6 Nov 2022, 9:05 am
” If, however, they produce the “wrong outcome,” such as when the Electoral College produced a victory for Donald Trump in 2016, or when the Supreme Court struck down Roe v. [read post]
4 Nov 2022, 1:27 pm
Put aside the fact that the Constitution doesn’t make the president directly accountable to the people at all, choosing instead to employ the electoral college for this purpose and allow state legislatures to determine how electors are chosen. [read post]
31 Oct 2022, 11:40 pm
[My Justice-by-Justice breakdown.] [read post]
31 Oct 2022, 5:33 am
Supreme Court Justice Alexandre de Moraes, Brazil’s chief electoral authority, ordered the director of the highway police, Silvinei Vasques to stop the operations immediately or face personal fines of nearly $100,000 per hour. [read post]
