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The Latest Breaking News from Derek Muller

The Supreme Court faces a handful of election-related cases, but experts say the justices are unlikely to upset the status quo.

Roll Call

New term for Supreme Court means cases on guns, porn access - Roll Call

The Supreme Court starts a new term Monday that includes cases on guns, e-cigarettes and environmental standards.

Roll Call

Did Supreme Court Violate the Purcell Principle in Arizona Voting Case?

Rick Hasen and Derek Muller offer competing takes on the RNC v. Mi Familia Vota order.

Reason

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Biden withdrawal could prompt legal fights over ballots - Roll Call

Challenges could emerge over who appears on ballots in some states — and the fate of nearly $100 million in Biden campaign cash.

Roll Call

What happens if a US presidential candidate dies?

Joe Biden and Donald Trump are the two oldest candidates in US history. If either needs to be replaced, what next?

The Guardian - US

Study Finds Law Professor Contributions to Political Campaigns Skew Overwhelmingly Democratic

Notre Dame law Prof. Derek Muller so finds in a new analysis of law professor political donations between 2017 and 2023.

Reason

False Negatives, False Positives, and Scholarly Journals

It is law review submission season, so I have had many conversations lately both on and off of social media about the student-run law review system. This recent poll by Professor Derek Muller was interesting, for example. The quality of law review articles in top law journals is ___ it…

Reason

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US supreme court to hear arguments on keeping Trump off 2024 ballot

High-stakes case on whether 14th amendment prohibits Trump from holding office because of his actions on January 6 2021

The Guardian - US

Muller on Yoo and Delahunty on the Twelfth Amendment and the Counting of Electoral Votes

A critique of John Yoo and Robert Delahunty's suggestion that the Vice President has a role in counting electoral votes.

Reason

What If Trump v. Anderson Is Treated Like an Election Law Case?

An interesting analysis of the former President's brief challenging his disqualification from the ballot in Colorado.

Reason

Trump Cases Thrust Supreme Court Into US Election Fray

The US Supreme Court played a critical role in deciding the 2000 presidential election when it halted a vote recount in Florida with Republican George W. Bush holding a razor-thin edge over Democrat Al Gore.

International Business Times

What Did Rucho Do to the Political Question Doctrine?

If you're interested in the political question doctrine, you should read my colleague Derek Muller's latest post at the Election Law Blog. Derek identifies several shifts in how lower courts are using the political question doctrine after Rucho--manageability is becoming more important, and it is manageability of rules rather than…

Reason

Prof. Larry Lessig (Harvard) Criticizing the § 3 Disqualification Argument as to Trump

An excerpt from Lessig's article in Slate (read the whole piece for more), discussing the same issue that has been discussed on this blog by Profs. Ilya Somin, Steve Calabresi, Will Baude, and Michael McConnell (and see also Jonathan Adler's post citing Prof. Derek Muller): The provision of the 14th…

Reason

Analyzing Removal Jurisdiction over Section Three Lawsuit in Colorado

Time to brush off your federal courts outlines.

Reason

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Reason

Why Efforts to Invoke Section 3 of the 14th Amendment to Keep Donald Trump Off the Ballot May Fail

Election law expert Derek Muller reminds us that we have seen these sorts of claims before.

Reason

Has Moore v. Harper Become Moot?

The Supreme Court wants further briefing on whether it retains jurisdiction

Reason

The Other Jurisdictional Question in Moore v. Harper

Did the state court have jurisdiction to grant rehearing?

Salon

Experts rip Lake's "poorly written" suit

Lawyers expect that Lake's "garbage" lawsuit will be quickly thrown out due to a lack of evidence

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Tribune News Service

Supreme Court to weigh state power over federal elections

WASHINGTON — The U.S. Supreme Court will hear oral arguments Wednesday in a case about North Carolina’s congressional map that could give state legislatures more sway over federal elections.

Roll Call

Supreme Court to weigh state power over federal elections - Roll Call

The Supreme Court will hear oral arguments Wednesday in a case about North Carolina’s congressional map for the midterm elections.

Tribune News Service

Biden wants Michigan to be an early presidential primary state in 2024

WASHINGTON — President Joe Biden is recommending the Democratic National Committee place Michigan among the earliest states to cast votes for the 2024 presidential nominating contest, according to U.S. Rep. Debbie Dingell.

The Conversation

I'm an election law expert who ran a polling station this election – here's what I learned about the powerful role of local officials in applying the law fairly

Derek Muller is a nationally recognized expert in election law at the University of Iowa College of Law, where he studies and teaches about the role of states in the administration of federal elections. In late October he submitted an amicus brief to the U.S. Supreme Court on a case…

Tribune News Service

If control of the House is close, Jan. 3 could be chaos

WASHINGTON — Consider the following scenario: Following a contentious midterm election, the House gathers on the first day of the new Congress to organize itself. With an unpopular Democrat in the White House, the party appears to have lost its House majority. But something’s amiss.

Roll Call

If control of the House is close, Jan. 3 could be chaos - Roll Call

Things could get “pretty messy” with challenges swirling after the midterm elections, legal experts say. Are lawmakers ready?

Reason

Could the Supreme Court Decide Moore v. Harper on Statutory Grounds?

An amicus brief by Professor Derek Muller suggests the justices need not confront the "Independent State Legislature" doctrine head on.

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