Election Law Blog

Federal Government Goes to Supreme Court Seeking Order to Implement Its USPS Mail Ballot Rules Immediately, Not Waiting for First Circuit to Rule First on the Request

You can read the filing at this link. This is highly unusual procedurally. Not only is the government not waiting on the First Circuit to rule on its stay request; it is not waiting for a (certainly ...
Election Law Blog

“Search Warrants for Election Materials Get Their Day in Court”

Justin here.  I’ve got a piece up in Lawfare on the Riverside search warrants for election materials now up before the California Supreme Court.  The piece starts off by explaining how much easier the ...
Election Law Blog

Is The Trump Mail-in Balloting Case the Longest the Supreme Court Has Ever Taken to Decide an Emergency Election-Related Motion? (Now Updated)

I wrote yesterday about the Trump v. California application for a stay before the Supreme Court: “DOJ does not defend the upcoming rules on the merits, but instead says that the case is not yet ripe ...
Election Law Blog

“How a Covid-Era Scramble Transformed Supreme Court Arguments”

Adam Liptak for the NYT: On about 40 mornings each year, the justices take their seats behind the Supreme Court’s majestic mahogany bench to hear oral arguments. Part interrogation of the lawyers ...
Election Law Blog

“Texas’ mail ballot ID requirements restored by federal appeals court”

The 5th U.S. Circuit Court of Appeals on Wednesday restored several pieces of a 2021 Texas election law that overhauled mail-in and assisted voting, overturning a lower court’s block on those ...
Election Law Blog

No, INS v. Chadha Does Not Give Trump the Right to Declare a National Emergency and Impose Election Rules Like Voter ID Requirements, Nor Does Trump Have the Power to Take Over ...

This is ridiculous and people should not panic over it. The President has no role to play in running elections, a points courts have repeatedly raised in challenges to his two executive orders on ...
Election Law Blog

Walter Olson: “More on the New Jersey Voter Registration Fiasco”

A Grand Bargain is Emerging in the Supreme Court’s Trump Cases, But Chaos May be Ahead, Slate, February 8, 2024 Donald Trump is Asking the Supreme Court for the Bush v. Gore Treatment, Slate, February ...
Election Law Blog

The States Respond to DOJ Regarding the Still-Pending SCOTUS Mail-In Ballot Application

Faux Campaign Finance Regulation and the Pathway to American Oligarchy (conference paper dated Apr. 24, 2025, draft available, https://papers.ssrn.com/sol3/papers.cfm ...
Election Law Blog

Must-read at NextGov: “Voting machine researchers say federal work abruptly ended after Trump ally pushed back on their findings”

After spending roughly six weeks analyzing Dominion voting systems used in Puerto Rico’s 2024 elections, Mojave Research came back to the Trump administration with findings that startled its ...
Election Law Blog

“Republicans pick nominee for Alabama US House district they redrew after Supreme Court ruling”

Republicans aiming to flip Alabama’s 2nd Congressional District after redrawing the heavily Black district in their favor will pick their nominee Tuesday to challenge U.S. Rep. Shomari Figures, the ...
Election Law Blog

“SCOTUS has issued its decisions. Now Congress has the floor.”

Faux Campaign Finance Regulation and the Pathway to American Oligarchy (conference paper dated Apr. 24, 2025, draft available, https://papers.ssrn.com/sol3/papers.cfm ...