Got something coming soon to @washingtonpost @PostOutlook on H.R. 1 that I think will displease everyone. You're welcome.
My new one @WashingtonPost @PostOutlook: Are
Democrats going to blow it again on voting rights? It sure looks like they could by selling H.R. 1 as the only way to combat new Republican voter suppression. washingtonpost.com/outlook/2021/0…
Democrats are not going to blow up the filibuster for a bill that won't even get 50 votes. We need a narrower bill that would provide reason enough to blow up the filibuster for voting reform.
What should be in a narrower bill?
✅ Restore preclearance provisions of VRA
✅ Voting rights protections like early voting period
✅ End partisan gerrymandering with commissions
✅ Paper ballots and election security measures
Such a narrower bill is more likely than the 791-page H.R. 1, which also does major campaign finance reform, including public financing, Supreme Court ethics reform, and much more. Many of these things are worthy but will break Democratic coalition.
The situation with H.R. 1 reminds me of 2006, when Dems and good government groups would not revise the Voting Rights Act when many of us warned it could be struck down if coverage formula wasn't tweaked.
Democrats rolled the dice and left Voting Rights Act as is, leading Supreme Court to kill a key part of it in the Shelby County case in 2013.
The danger is that we won't get H.R. 1 and we won't get ANYTHING done to deal with new wave of voter suppression, and we can no longer count on courts to do the right thing.
It is almost inexplicable to me that Democrats are pushing H.R. 1 before they'd push the John R. Lewis Voting Rights Act, which would restore preclearance and do a LOT to protect voting rights in 2022 and 2024

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More from @rickhasen

22 Feb
#ELB: Breaking and Analysis: Supreme Court Refuses to Hear Cases Over Conduct of Election in Pennsylvania, With Justices Alito, Gorsuch and Thomas Dissenting electionlawblog.org/?p=120941 #SCOTUS
You can find Justice Thomas’s opinion, dissenting from denial of cert. in two-Pennsylvania election cases, and Justice Alito’s separate dissent joined by Justice Gorsuch in the same cases, at this link beginning at page 25 of the pdf. supremecourt.gov/orders/courtor…
The Court without noted dissent denied cert. in another PA case, the Kelly case. It takes four votes to agree to hear the case, and 5 to rule on the merits. There is no indication that Justice Barrett recused herself in consideration of the merits of these cases.
Read 10 tweets
11 Feb
Pressure builds on Facebook Oversight Board politi.co/3rHBi8T Scoop via @ZachMontellaro about our new letter supporting Facebook's decision to deplatform Trump.
Here's a link to our full letter on Facebook deplatforming Trump: politico.com/f/?id=00000177…
@davidakaye @julia_azari @JNelsonLDF @alexstamos @jacklerner @cailinmeister @NormOrnstein @Bertrall_Ross Jim Weatherall
Our letter about Facebook deplatforming Trump got more coverage @Politico here, noting 9,000 comments have been submitted so far on the question: politico.com/news/2021/02/1…
Read 4 tweets
19 Jan
Me @CNN Oct. 19: "What will the United States and the world wake up to on November 4, 2020, the day after Election Day? And could the US endure a close election in which Joe Biden is declared the winner but President Donald J. Trump refuses to concede?"
cnn.com/2020/10/19/opi…
"If the race is close, Trump and his campaign could file lawsuits and use evidence of election administrator incompetence to convince key segments of the American right that Democrats stole the election through deliberate fraud. ..."
"Trump has already sowed distrust in the results by saying without evidence that the only way he loses is if the election is 'rigged.' ..."
Read 5 tweets
12 Dec 20
The Supreme Court dismissed Texas’s bill of complaint in the latest high-profile case pushed by Trump allies in an attempt to overturn the results of the election. The Court did not issue an accompanying opinion.
As expected, Justices Alito and Thomas, who had previously stated that the Court does not have discretion to turn down the cases, would have granted the motion to file the complaint but not granted other relief and expressing no view on the merits of the case.
Read 16 tweets
4 Dec 20
When I was on @NewsHour on November 5, I said that Trump had no grand legal strategy to overturn the results of the election. Nothing has changed in a month, other than a streak of losing, poorly conceived and worse executed cases.
pbs.org/newshour/show/…
If anything, the lawsuits in the last weeks have gotten worse
Read 5 tweets
29 Nov 20
You've got to be kidding me.
At the appellate level and Supreme Court level, the appointing judge is the best predictor of how a judge/justice will vote in the highest profile cases.
Not because they are hacks, but because they were chosen for their genuinely held ideology.
I can predict with near certainty how almost every Supreme Court Justice will vote in nearly every election case. And my first rule of thumb is which President appointed the Justice.
*the appointing President
Read 13 tweets

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