Versus Trump: The Law Headed Into The Election

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!

Charlie Gerstein

Civil Rights Corps

Kavanaugh's Wisconsin Opinion Flunks Originalist Test of Constitution's Text and History

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.

Brianne J. Gorod

Constitutional Accountability Center

How To Decide A Very Close Election For Presidential Electors: Part 3

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?

How To Decide A Very Close Election For Presidential Electors: Part 2

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.

After The Election, SCOTUS Should Grant Cert. To Correct The Bad 26th Amendment Cases

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.

How To Decide A Very Close Election For Presidential Electors: Part 1

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.

October Arguments, By The Numbers

10/19/20  //  Commentary

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

Leah Litman

Michigan Law School

Versus Trump: Versus The Post Office

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!

Charlie Gerstein

Civil Rights Corps

The Worst Election Law Decision of the Year?

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?

Two Things We Can Do Now, In Case A Candidate Dies

10/7/20  //  In-Depth Analysis

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

Versus Trump: Can Trump Steal The 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!

Charlie Gerstein

Civil Rights Corps

What Happens If The Worst Happens?

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.

Pennsylvania Legislators Invite Some Extra SCOTUS Chaos this Election season

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

Justin Levitt

Loyola Law School

Freeing Purcell from the Shadows

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.

Nicholas Stephanopoulos

Harvard Law School

Can We — And The Press — Maybe Take A Breath On The Whole Stolen Election Thing?

9/25/20  //  Commentary

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