11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

10/30/20  //  In-Depth Analysis

Brianne Gorod & Charlie Miller: Contrary to Justice Kavanaugh’s suggestion, there is nothing sacrosanct about November 3, and no requirement that the country must know the victor of the presidential election that night.

10/28/20  //  In-Depth Analysis

We conclude our examination of close presidential elections by taking a deep dive into Florida in 2000. Was the December 12, 2000 deadline really as firm as it seemed to the courts and some of the parties, or could the count have proceeded?

10/23/20  //  In-Depth Analysis

The Kennedy-Nixon election in 1960 in Hawaii went to a recount. How Hawaii dealt with it—with two sets of electors casting two sets of electoral votes—provides a model for how to handle very close elections.

10/22/20  //  Quick Reactions

The Supreme Court has run out of time to reverse terrible decisions regarding the scope of the Twenty-Sixth Amendment. But it should still take up the issue after the election.

10/21/20  //  In-Depth Analysis

Could a partial result from the very first contested presidential election provide us a path to handling a close election in 2020? Probably not—but the lessons from 1796 are revealing. This is Part 1 in a multi-part series that will help understand how close elections for presidential elector have been decided, good or bad, and how they should be decided this year.

10/19/20  //  Commentary

A quick recap of how the October arguments went in the Supreme Court, by the numbers.

10/15/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie are joined by Matthew Seligman of Public Citizen to discuss several lawsuits—including one in which he is counsel, NAACP v. USPS—where plaintiffs have challenged the cuts by the postal service that may slow down election mail. Listen now!

10/12/20  //  Commentary

With its excessively narrow reading of the 26th Amendment, did the Seventh Circuit just issue the worst election law decision of the year?

10/7/20  //  In-Depth Analysis

What would happen if a presidential candidate were to die close to an election?

10/6/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss whether Trump can really "steal" the election, as some have started to worry about. They discuss Jason's piece here on the topic. Plus, they say goodbye to Justice Ginsburg. Listen now!

10/2/20  //  Quick Reactions

What happens if a candidate dies before the electoral college votes? This came up at my oral argument in the Supreme Court case about electors, but there was no clear resolution.

9/29/20  //  In-Depth Analysis

Pennsylvania's Senate leadership has filed an emergency application at the Supreme Court that misreads the Elections Clause and invites electoral chaos

9/27/20  //  In-Depth Analysis

The Supreme Court will soon hear a flood of election-related cases, yet one if its most important doctrines for deciding these cases remains remarkably opaque. So I will try to unpack and explain it.

9/25/20  //  Commentary

It seems like a stolen election is all anyone can talk about these days. But it's very unlikely.