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25 Sep 2014, 7:15 am
At Excess of Democracy, Pepperdine law professor Derek Muller offers a less sympathetic take on the Sixth Circuit’s decision: prior to 2005, Ohio had zero days of early in-person voting; until 2014, it was 35 days; and the legislature amended that to 28 days. [read post]
8 Oct 2017, 4:56 am by SHG
As Pepperdine lawprof Derek Muller responded on the twitters, there is a claim buried in there that’s simply false, that there is no evidence that higher bar scores correlate to protecting the public from bad lawyers. [read post]
24 Jul 2022, 1:09 pm by Bob Bauer, Jack Goldsmith
  (Our analysis builds on the excellent work in the last few days by (among others) Matthew Seligman (see here, here, here, and here); Protect Democracy; Andy Craig; Derek Muller; Ned Foley, Michael McConnell, Derek Muller, Brad Smith, and Rick Pildes; and Henry Olsen. [read post]
1 May 2023, 5:51 am by Just Security
Circosta (Mar. 4, 2022) Emergency Motion for Stay of Injunction Pending Appeal (Mar. 9, 2022)  Order Granting Motion for Preliminary Injunction (Mar. 10, 2022)  Backgrounder: Jonathan Weisman, Judge Blocks Effort to Disqualify Cawthorn from Ballot as ‘Insurrectionist’, New York Times (Mar. 4, 2022)   Constitutional Accountability Center Amicus Brief (Mar. 11, 2022) Plaintiff’s Response to Motion to Stay (Mar. 14, 2022)  North Carolina GOP Amicus Brief… [read post]
8 Feb 2024, 9:44 am by Marty Lederman
 (Derek Muller hinted at a similar disposition last week.)Such a holding would have other virtues, as well:  For example, it would not preclude the states from excluding candidates from the ballot when they clearly can’t serve (e.g., if they are 27 or were born in Guyana or have already been elected twice), because the state's justifications for doing so are far stronger. [read post]
26 Jul 2012, 2:55 pm by Bridget Crawford
Louis University Lisa McElroy ProfLisaMcElroy Drexel Tracy McGaugh millennialprof Touro William McGeveran BillMcGev Minnesota Paul McGreal PaulMcGreal Dayton Greg McNeal gregorymcneal Pepperdine Nancy Millar lpprof Phoenix James Milles jgmilles SUNY Buffalo Richard Moberly Richard_Moberly Nebraska Derek Muller derektmuller Pepperdine Haskell Murray HaskellMurray Regent Cynthia Nance Nancecy Arkansas Ira Steven Nathenson nathenson St. [read post]
7 Jul 2012, 10:16 am by Bridget Crawford
Louis University Lisa McElroy ProfLisaMcElroy Drexel Tracy McGaugh millennialprof Touro William McGeveran BillMcGev Minnesota Paul McGreal PaulMcGreal Dayton Greg McNeal gregorymcneal Pepperdine Nancy Millar lpprof Phoenix James Milles jgmilles SUNY Buffalo Derek Muller derektmuller Pepperdine Haskell Murray HaskellMurray Regent Cynthia Nance Nancecy Arkansas Ira Steven Nathenson nathenson St. [read post]
7 Apr 2016, 5:18 am by Amy Howe
”  At George Washington Law Review’s On the Docket, Derek Muller predicts that “[w]hether states (or localities) may exclude incarcerated prisoners, non-citizens, or non-voters, among other theories, when drawing districts may be tested in the very near future—and the Court’s logic in Evenwel will surely be at the center of the disputes. [read post]
23 Jul 2021, 9:52 am by Jonathan H. Adler
UPDATE: At Excess of Democracy, Derek Muller suggests that the Biden Administration's decision to forego pre-nomination evaluation by the American Bar Association has helped accelerate the pace of judicial nominations. [read post]
30 Jun 2015, 4:00 am by Amy Howe
  Commentary comes from Nathaniel Persily at the Stanford Lawyer, Rick Hasen at Slate (who also notes an error in Justice Ginsburg’s opinion for the Court at his Election Law Blog), Steven Schwinn at the Constitutional Law Prof Blog, Seth Davis at PrawfsBlawg, and Derek Muller at Excess of Democracy. [read post]
4 Oct 2017, 4:17 am by Edith Roberts
” Commentary on the argument comes from Rick Hasen at the Election Law Blog, Lisa Soronen at the National Conference of State Legislatures blog, Jessica Mason Pieklo at Rewire, Michael Bobelian at Forbes, Derek Muller at Excess of Democracy, Ruthann Robson at the Constitutional LawProfBlog, Ryan Lockman at Lock Law Blog, Edward Foley at Election Law @ Moritz, and Michael Parsons at Modern Democracy, who observes that “oral argument revealed … litigants who seem… [read post]
6 Mar 2018, 4:07 am by Edith Roberts
” At Excess of Democracy, Derek Muller tries to determine which recent justices “attract the most academic attention,” concluding that “Justice Scalia dwarfs all others, which was not surprising. [read post]
14 May 2020, 4:04 am by Edith Roberts
At Excess of Democracy, Derek Muller offers “highlights from oral argument,” noting that “[i]t’s hard to overstate how many times the justices asked either side about limiting principles—do electors have unfettered discretion? [read post]
24 Jan 2011, 11:53 am by Orin Kerr
It was the “objective evidence” of the recording of the stop that enabled the court to find the officer’s contrary testimony to be literally unbelievable.Thanks to Derek Muller for the link. [read post]
30 Jul 2015, 9:01 pm by Richard Hasen
Even more importantly, as Derek Muller points out, the Evenwel plaintiffs are mounting a direct attack on federalism: “The Court has, for once, largely left this matter to the political process to decide. [read post]
7 Apr 2020, 5:11 pm by Jonathan H. Adler
As for the underlying legal question in the Supreme Court case—the "Purcell Principle"—Derek Muller offers some thoughts at Excess of Democracy. [read post]