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.

9/15/20  //  In-Depth Analysis

The Fifth Circuit’s decision in Texas Democratic Party v. Abbott makes several missteps. In this post, I’ll flag three of them.

8/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss voting by mail in the pandemic. Have courts allowed the rules to be changed, either in responses to suits there should be more voting by mail—or less? Listen now!

6/7/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie take on two topics. First, what can the president legally do to use the military on American soil? Second, is it legal for the House of Representatives to vote by proxy, without being physically present in D.C., as alleged in a new lawsuit by House Republicans? Listen now!

4/17/20  //  Quick Reactions

On this week’s Versus Trump, Jason and Charlie discuss last week's election in Wisconsin, include two rulings—one by the Wisconsin Supreme Court and one by the U.S. Supreme Court—that don't hold up very well in light of what occurred. Listen now!

3/17/20  //  In-Depth Analysis

Some are worrying about Republican-controlled legislatures eliminating the right to vote in a presidential election and just appointing Trump-supporting electors themselves. Don't worry: not only is the scenario unlikely, it couldn't legally happen.

2/13/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!

1/25/20  //  In-Depth Analysis

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

7/25/19  //  In-Depth Analysis

The three-judge district court overseeing the Texas redistricting litigation has held that Texas should not be 'bailed-in' under Section 3(c) of the Voting Rights Act. That's a very worrisome development. Here's why.