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The Latest Breaking News from Derek Muller

SCOTUS term marked by shifts to the right, some checks on Trump

The Supreme Court capped its term Tuesday with one decision overturning a long-standing campaign finance limit and another turning aside President Donald Trump’s attempt to unilaterally change birthright citizenship — a day, experts said, that exemplified this year at the court. Throughout the term, they said the conservative-controlled court continued…

Roll Call

Trump's fixation on voting has had mixed results. He still has ways to affect November's elections

Trump's attempts to reshape U.S. election rules have largely failed, with recent Supreme Court and lower court rulings blocking his executive orders and efforts to restrict mail-in voting. Despite these setbacks, Republicans have redrawn congressional districts, and the Justice Department is investigating election operations. Trump's persistent claims of a rigged…

The Economic Times

Trump may have inadvertently issued mass pardon for 2020 voter fraud, experts say

Pardons of Giuliani and others who took part in fake elector scheme were largely symbolic, but could have a big effect

The Guardian - US

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Adelita Grijalva lawsuit unlikely to lead to swearing in, experts say - Roll Call

Rep.-elect Adelita Grijalva faces an uphill battle in her lawsuit to be sworn in to office in Arizona's 7th District, experts said.

Roll Call

Will electric tractors gain traction? At a pilot event for farmers, researchers see possibilities

At an August event, researchers at Michigan State University asked farmers what they think of a new electric tractor

The Independent UK

Trump says 'I'm not joking' about running for an unconstitutional third term

The two-term limit is enshrined in one of the US Constitution's amendments, but Trump claimed there are "methods" for circumventing this, which experts dispute.

Euronews

Trump says ‘there are methods’ for seeking third term in White House

In interview Trump said he wasn’t joking when he alluded to a purported loophole for a third term as president

The Guardian - US

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The LSAT Is Not What It Used to Be

Derek Muller explores recent changes in the test, how it is administered, and how it affects US News rankings.

Reason

Protracted GOP speaker fight could complicate Electoral College count - Roll Call

GOP infighting could complicate Mike Johnson's bid to remain speaker — and potentially the Electoral College count on Jan. 6.

Roll Call

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

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

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Reason

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…

The Guardian - US

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

Reason

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.

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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.

International Business Times

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.

Reason

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

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

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