Worse than feckless. Cowardly or naive
Professor, UCLA Law; Director, http://SafeguardingDemocracyProject.org; 2020 CNN, 2024 NBC/MSNBC Election Law Analyst; electionlawblog.org
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Worse than feckless. Cowardly or naive
Seems like as good a time as any to reshare my story on the Coffee County voting system breach, which details the key role Giuliani played in Trump’s effort to overturn the 2020 election. www.lawfaremedia.org/article/what...
Federal District Court Holds Unconstitutional South Dakota Law Moving Filing Deadline for Initiatives from 6 Months Before Election to 9 Months electionlawblog.org?p=151858
“Sometimes they said things like ‘let me through, I’m trying to enter the library,’ which I assume they said for the benefit of those viewing the video online from places outside of UCLA, because a viewer of the video familiar with the geography of the campus could readily observe….” /1
California Legislature Moves to Allow Gig Workers to Engage in Collective Bargaining After California Appellate Court Accepted the Argument in Our Amicus Brief in the Prop. 22 Case That Prop. 22 Could Not Bar Legislature from Doing So electionlawblog.org?p=151849
As I recently wrote: “Mr. Trump may think his word is law, but neither a social media post nor an executive order has the power of a royal edict“ www.nytimes.com/2025/08/20/o...
When QAnon emerged publicly in August 2018, the media was totally blindsided. Most had either no knowledge, or had actively ignored it. There's no excuse now. The president is sharing insane prophecy cult memes, and it needs to be covered. It's not normal.
not just that he has no constitutional authority, there isn't even any particular legal or institutional mechanism by which the president can make anyone treat this as anything other than a weird advisory opinion.
“If Redistricting Goes as Expected, Which Party Will Come Out Ahead?” electionlawblog.org?p=151843
“Trump Says He Will Sign Executive Order Mandating Voter I.D.” (And No, He Doesn’t Have the Power to Mandate Voter ID) electionlawblog.org?p=151845
“Redistricting Push Creates Chaos for Incumbents in Both Parties” electionlawblog.org?p=151847
As I recently wrote: “Mr. Trump may think his word is law, but neither a social media post nor an executive order has the power of a royal edict“ www.nytimes.com/2025/08/20/o...
I Spoke with Dahlia Lithwick for Slate Amicus Podcast on the Risks to the Voting Rights Act at the Supreme Court and the Emerging Redistricting Wars electionlawblog.org?p=151840
“Millions of dollars in special-election redistricting TV ads scheduled to start airing Tuesday” electionlawblog.org?p=151836
Federal Court in Kohls v. Bonta, in Striking Down California Deep Fake Law on First Amendment Grounds, Sees Constitutional Path for More Narrowly Tailored Laws Aimed at False Statements About When, Where, and How People Vote electionlawblog.org?p=151838
I spoke with @dahlialithwick.bsky.social for @slate.com Plus Amicus listeners on risks to the Voting Rights Act at the Supreme Court and the new redistricting wars. slate.com/podcasts/ami...
You walk away from the fire hydrant spewing water for a few hours and come back expecting somehow that it would have stopped. But of course it hasn’t. It’s still spewing. That’s the current Trump-driven news cycle.
BREAKING: On a 2-1 vote, the panel that ruled (2-1) to grant mandamus and vacate Boasberg’s “probable cause” order in the contempt proceedings issues an order staying the effectiveness of the panel order pending any en banc determination. Notably, Katsas joined Pillard here. Rao dissents.
Amazon’s Quiet Overhaul of the Trademark System (with @jeannefromer.bsky.social) is now published in the California Law Review.
@nytpitchbot.bsky.social has the hardest job in show business
As the per curiam in the tariff case observes, however, the gotcha certainly works the other way. If "major questions" doctrine is anything but a "get out of statutory language we don't like" card, the tariffs are ultra vires
How many of us at this point just shrug and assume SCOTUS will let him do it anyway, regardless of the merits of the ruling or underlying law? By itself, that cynicism about the law is deeply corrosive
Missouri: “Kehoe calls lawmakers to redraw congressional map, make it harder to amend constitution” electionlawblog.org?p=151829
BREAKING: Appeals court rejects Trump’s authority to impose sweeping tariffs under IEEPA. storage.courtlistener.com/recap/gov.us...
“A conservative Wisconsin Supreme Court justice won’t run again, creating an open seat” electionlawblog.org?p=151822
“Utah to proceed with redrawing map that could help Dems, despite pressure from Trump” electionlawblog.org?p=151814
“Emil Bove Continued to Work at Justice Dept. After Judicial Confirmation” electionlawblog.org?p=151816
“Trump and Democrats Float Unusual Midterm Conventions” electionlawblog.org?p=151818
Welch: Everybody's missing the point here. The point is, he's doing this on purpose. He's priming the public to get accustomed to having the military in the streets
ACLU seeks rehearing en banc in the DC Circuit seeking to revive Judge Boasberg contempt proceeding against Trump officials in deportations case:
I think we are in a quantum superposition between democracy and competitive authoritarianism. The 2026 midterms will collapse the wave function: we'll look into the box and see whether the cat is dead or alive.
Never forget the power of protest, presence and people. When 250,000+ people converged on the Washington Mall 62 years ago to demand jobs, freedom, and racial justice, the nation listened and acted. We can do it again with more tools and technology. We march because we must. #UnfinishedBusiness
When Ziblatt is talking about the lessons from Weimar for the present day, you listen. Chilling.
The full video of my conversation with @perrybaconjr.bsky.social this AM on democratic erosion substack.com/@brendannyha...
People are paying attention
What Louisiana is doing in the Voting Rights Act case — see @rickhasen.bsky.social: electionlawblog.org?p=151805 — is a more extreme iteration of what Mississippi did in Dobbs, blowing up a case at SCOTUS by bringing an extreme argument late in the game b/c the SCOTUS majority signaled it wants it.
With Louisiana Essentially Flipping Sides in Callais Case Before Supreme Court and Arguing Section 2 of the Voting Rights Act is Unconstitutional, Full Defense Shifts to Voting Rights Groups electionlawblog.org?p=151805
For its part, Alabama says it both will appeal the VRA ruling and ask for a stay of the ruling until after the Supreme Court decides the Callais case. Filing says stay request will be filed this week.
“Trump attacks Utah’s anti-gerrymandering ruling” electionlawblog.org?p=151803
With Louisiana Essentially Flipping Sides in Callais Case Before Supreme Court and Arguing Section 2 of the Voting Rights Act is Unconstitutional, Full Defense Shifts to Voting Rights Groups electionlawblog.org?p=151805
Because Louisiana explicitly used race for centuries?
Quick decision from state supreme court allowing California redistricting ballot measure to continue. If only other courts could make redistricting decisions with this alacrity. bsky.app/profile/rick...
“Louisiana urges Supreme Court to bar use of race in redistricting, in attack on Voting Rights Act” electionlawblog.org?p=151795
California Supreme Court, Over No Noted Dissents, Will Allow Special Election over California Redistricting to Go Forward; There Will Likely Be Post Election Challenges to the Redistricting If the Measure Passes electionlawblog.org?p=151793
There's an election-law angle:
“Fresh off Texas Senate’s approval, new congressional map is target of lawsuits” electionlawblog.org?p=151787
“What to Expect Next in the Trump Administration’s Strategy to Meddle with the Vote” electionlawblog.org?p=151777
“A Dark Money Group Is Secretly Funding High-Profile Democratic Influencers” electionlawblog.org?p=151779
“Trump privately pushed top state lawmakers to redistrict” electionlawblog.org?p=151781
“Silicon Valley Pledges $200 Million to New Pro-A.I. Super PACs” electionlawblog.org?p=151783
“Justice Dept. Broadens Inquiry Into Key Players in Russia Investigation” electionlawblog.org?p=151785
i imagine this implicitly anti-newsom flyer is showing up on doorsteps across california. 'visit protectfairelections.org to learn more,' it says. 'paid for by Right Path Coalition'. which is . . . led by the chairperson of the california republican party
Remember those 60,000 ballots that Jefferson Griffin wanted to throw out? Those voters will have their ballots thrown out, for real, if they don’t fix their registrations in time. #ncpol
No.
“Pa. election conspiracy activist appointed to election integrity role at Department of Homeland Security” electionlawblog.org?p=151775
“Judge rules Utah’s congressional map must be redrawn for the 2026 elections” electionlawblog.org?p=151773
How SCOTUS could rule for Trump on firing of Lisa Cook:
Unanimous Third Circuit Panel Holds Unconstitutional Pennsylvania Requirement to Discard Timely Received Mail-in Ballots That Have Wrong or Missing Dates electionlawblog.org?p=151769
Some of you may remember that last month, pundit Michael Smerconish and other plaintiffs sought immediate PA Supreme Court relief on claims that barring independent voters from partisan primaries violated rights secured under the PA Constitution. Today, the Court rejected that petition. 1/2
Jamelle Bouie Receives the 2025 Carey McWilliams Award The Carey McWilliams Award is presented annually by the American Political Science Association (APSA) to honor major journalistic contributions to society’s understanding of politics. Citation from the Award Committee: The American Political…
“How China Influences Elections in America’s Biggest City” electionlawblog.org?p=151760
“Plutocratic Democracy, Elon Musk, and the Limits of Campaign Finance Reform” electionlawblog.org?p=151758
As @rickhasen.bsky.social wrote last week, it's not the time to move from state-run elections to a centralized, national administration www.nytimes.com/2025/08/20/o...
In the NIH funding case, Justice Gorsuch (joined by Justice Kavanaugh) claimed that this was the third time in recent weeks that lower courts had "defied" a #SCOTUS ruling. As today's "One First" explains, that claim is not only nonsense; it's enabling a dangerous anti-court narrative on the right:
Here is a gift link to my oped excerpted by @maddow.msnbc.com : www.nytimes.com/2025/08/20/o...
Excited to be featured in this PBS Civics Made Easy documentary alongside @rickhasen.bsky.social about the constitutional right to vote. www.pbs.org/video/who-ha...
“District Populations and Partisan Bias” electionlawblog.org?p=151752
I Spoke to the PBS News Hour Weekend About Trump’s Threats to the Integrity of the 2026 Midterm Elections @pbsnews.org @pbs.org Watch: www.youtube.com/watch?app=de...
“How Did State Count More Kauaʻi Ballots Than County Said It Delivered?” electionlawblog.org?p=151743
“Of Course the Voting Rights Act Would Die at This Moment” electionlawblog.org?p=151746
“How California bluffed its way into a redistricting war with Trump” electionlawblog.org?p=151748
“How the Electoral College Could Tilt Further From Democrats” electionlawblog.org?p=151750
Bart Gellman: “Trump’s Stunning Power Grab on Elections” electionlawblog.org?p=151734
“Red vs. Blue: Who’s Next in the Redistricting Fight” electionlawblog.org?p=151736
“Reframing Jan. 6: After the Pardons, the Purge” electionlawblog.org?p=151738
“A Texas County Cuts Over 100 Polling Sites as Trump Attacks Mail-In Voting Nationally” electionlawblog.org?p=151740
I don't understand this at all. Yes, it's possible the TX GOP won't pick up all 5 Dem seats it's targeting. And maybe, in a blue enough year, they could lose #TX15 and even #TX23. But the GOP did not *weaken* any GOP seats. If they lose seats, the new gerrymander will have nothing to do with it.
I Spoke to the PBS News Hour Weekend About Trump’s Threats to the Integrity of the 2026 Midterm Elections electionlawblog.org?p=151731
I Spoke to the PBS News Hour Weekend About Trump’s Threats to the Integrity of the 2026 Midterm Elections electionlawblog.org?p=151731
“Trump seeks to ban the mail voting system that Republicans built in Arizona to boost turnout” electionlawblog.org?p=151725
“Advocates File Immediate Legal Challenge to Texas Gerrymander “ electionlawblog.org?p=151723
This fascinating thread on language that Dems and Republicans *actually* use to communicate risks getting buried since it starts in a reply, but you'll want to read it -->
Work in newsrooms much? I've done exactly what these Times reporters have done multiple times as have most people who've done investigative work. This is standard. I dont know your field but this is like finding out teachers have a break room & assuming it's part of a conspiracy to screw students.
“These states could redistrict before the 2026 midterms” electionlawblog.org?p=151709
Read this www.nytimes.com/2025/08/20/o...
“California voters will decide redistricting in November, escalating battle with Trump and Texas” electionlawblog.org?p=151703
Another read is not that SCOTUS is shy about confronting Trump but that they're basically on board with his project but would be embarrassed about the legal arguments they'd have to make if they upheld his actions on the merits, so they find procedural means to let him get his way.
If you had told me 30 years ago that Michael Luttig and Bill Kristol would have a clearer understanding about what's going on than a lot of Democratic leaders, I'd have wondered whether you tried the brown acid.
Is this the first appearance of "Calvinball" in a Supreme Court opinion?
TL;DR: 5 justices say Trump doesn't have to immediately restore the funding, but 5 *also* signal that the underlying directives are unlawful. That sends a fairly strong (if mixed) message that Trump will lose these cases *eventually,* but only once they're brought in the Court of Federal Claims.
Federal Government Files Supreme Court Brief in NRSC Case Arguing That an Aspect of Federal Campaign Finance Law Violates the First Amendment electionlawblog.org?p=151700
Their stories need to be told locally---what the cost would be to curtail vote by mail to many in the disabled community.
The only good thing that I have to say about this administration is that they are generous in this way to their legal opponents. I'm thinking, e.g., of Trump's "Truth" from just yesterday, acknowledging that his lawyers have targeted universities because of "woke" and will do the same to museums.
“Trump says Missouri will revise congressional districts to favor Republicans” electionlawblog.org?p=151698
Seems a wee bit unconstitutional under the First Amendment
Bob Bauer Sounds the Alarm: “Donald Trump’s Plan for ‘Honest’ Mid-Term Elections” electionlawblog.org?p=151696
Scheduled to be on MSNBC at the top of the 3 pm ET hour talking about Trump's statements against mail in voting and voting machines, along with the new redistricting wars.
JUST IN: 9th Circuit panel refuses Trump administration bid to lift order requiring it to reinstate University of California grants canceled under Trump DEI orders. 3-0. Judges Paez (Clinton), Christen (Obama), Desai (Biden). Doc: www.documentcloud.org/documents/26...
Do you know how insane and infuriating it is to live in a country where one party claims, with media and public support, the mantle of being the ‘tough on crime’ party while its leader openly calls for convicted criminals to be released from prison ‘or else’?
Scheduled to be on MSNBC at the top of the 3 pm ET hour talking about Trump's statements against mail in voting and voting machines, along with the new redistricting wars.