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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]
3 Nov 2020, 11:52 am
  The politics, ideology and conceptual clashes that this quite contentious journey produced served as cast a quite clear light on the critical subtext of law and social ordering that is usually buried beneath the orthodox rhetoric within which law reform veils its underlying premises. [read post]
2 Nov 2020, 8:46 am by Quinta Jurecic
“Compromised,” which was published in early September, arrived shortly after House Intelligence Committee Chairman Adam Schiff cast doubt on whether the bureau had really picked up the baton, stating in a letter to a federal court, “The Committee ... has reason to believe, based on its oversight work, that the FBI Counterintelligence Division has not investigated counterintelligence risks arising from President Trump’s foreign financial ties. [read post]
30 Oct 2020, 11:53 am by Nathan Dorn
Holdsworth, William Searle, Sir (1871-1944). [read post]
29 Oct 2020, 9:00 pm by Austin Sarat and Daniel B. Edelman
” If the Houses agree, those votes “shall be counted which the two Houses . . . concurrently decide were cast by lawful electors appointed in accordance with the laws of the State. [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]
28 Oct 2020, 9:16 am by Connor Clerkin, Lane Corrigan
Specifically, this post discusses four types of legal battles playing out across the country aimed at removing barriers for voters who cast their ballots by mail. [read post]
26 Oct 2020, 8:28 pm by Amy Howe
“[W]hat will undermine the ‘integrity’” of the democratic process, Kagan posited, “is not the counting but instead the discarding of timely cast ballots that, because of pandemic conditions, arrive a bit after Election Day. [read post]
25 Oct 2020, 9:01 pm by Austin Sarat and Daniel B. Edelman
Austin Sarat is Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. [read post]
23 Oct 2020, 3:01 am by Scott R. Anderson
The states elect (or appoint) individual electors pursuant to state law, who in turn cast electoral votes for president on their behalf. [read post]
20 Oct 2020, 4:29 pm by Sabrina I. Pacifici
As fires tore through California and the Pacific Northwest last month, the president cast doubt on the science behind global warming, and people in Oregon defied evacuation orders because of false rumors that antifa, a loose term for left-wing activists, was setting the blazes and looting empty homes. [read post]
20 Oct 2020, 12:25 pm by Scott R. Anderson
Chief Justice William Rehnquist articulated this view in his concurrence in Bush v. [read post]
17 Oct 2020, 8:34 am by John Floyd
  This is peculiar, to say the least, considering that roughly 113 million ballots were cast in the 2018 midterm elections. [read post]
16 Oct 2020, 3:00 am by Jim Sedor
Critics say Trump and Attorney General William Barr seem to be working in concert to undermine public confidence in the election result, and the newly issued guidance could aid in that effort – allowing prosecutors to publicize cases of suspected fraud they previously would have been barred from discussing. [read post]
9 Oct 2020, 6:30 am by Guest Blogger
Under its terms, a group of states casting 270 electoral votes—the simple majority required to elect a president—would bind their electors to cast their ballots for the national popular vote winner, thereby avoiding the disparity that occurred most recently in 2000 and 2016. [read post]