The Latest Breaking News from Ed Whelan

Republicans may allow Trump to temporarily fill vacancies with recess appointments. But that approach comes with its own complications.

Would a person serving under the Vacancies Reform Act, who resigns, create a vacancy for purposes of the Recess Appointments Clause? Would a presidential adjournment of Congress be an inter-session or an intra-session recess?

From today's letter (posted by Ed Whelan [National Review Online]): Dear Judge Duncan, We write to apologize for the disruption of your recent speech at Stanford Law School. As has already been communicated to our community, what happened was inconsistent with our policies on free speech, and we are very…

Conway quietly sold her polling firm to right-wing SCOTUS takeover architect Leonard Leo while advising on nominees

Steve Calabresi writes: In my post yesterday, I was under the mistaken impression that Ed Whalen had bought into the radical "Independent State Legislature Theory" that the North Carolina State Legislature was arguing for yesterday in the U.S. Supreme Court. This is also a theory that former President Donald Trump…

What is meant by "each State by the Legislature thereof" that prescribes how to conduct elections?