I wrote @slate about how @Fedsoc is trying to play it both ways here. They won't confirm or deny if Eastman remains head of one of their practice groups, even as they continue to list him as a contributor. It's despicable. slate.com/news-and-polit…
Here's the relevant bit on @Fedsoc's relationship with John Eastman.
I've spoken at many @FedSoc events, and I'm listed as a "contributor" on their page. fedsoc.org/contributors/r…. They often bring a liberal onto their panels for a better discussion.But I won't ever speak at another FedSoc event again while Eastman remains a member in good standing.
One of the @FedSoc events I spoke at featured Ninth Circuit Judge Carlos Bea on the same panel. Judge Bea has now despicably agreed to accept an award from the Claremont Institute and will include a John Eastman panel on "election integrity." electionlawblog.org/?p=124645

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More from @rickhasen

21 Sep
"There are thus dual slates of electors from 7 states."
What dangerous nonsense. Does Eastman really think the six page version helps his case?
Here's a lie from John Eastman in the longer memo, when he urges VP pence to just declare the winner based on a false claim of dual electors:
And here's Eastman admitting in his memo that the Supreme Court was never going to intervene to help Trump in the case---despite demanding that at Jan. 6 rally before the insurrection that injured over 100 law enforcement officers
Read 6 tweets
20 Sep
I have written a new draft paper, papers.ssrn.com/sol3/papers.cf…, "Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States," in connection with @UCILaw's Sept. 24 conference on Election Subversion. calendar.law.uci.edu/event/fefs_ele… /1
Abstract: The US faces a serious risk that the 2024 presidential election, and other future U.S. elections, will not be conducted fairly, and that the candidates taking office will not reflect the free choices made by eligible voters under previously announced election rules. /2
The potential mechanisms by which election losers may be declared election winners are: /3
Read 29 tweets
2 Sep
A few thoughts from the point of view of Remedies law on the Supreme Court's 5-4 order tonight that has the effect of letting Texas ban all abortions after about six weeks of pregnancy: supremecourt.gov/opinions/20pdf… /1
The 5-justice conservative majority (Alito, Barrett, Gorsuch, Kavanaugh, and Thomas) offers only a single paragraph of barebones reasoning to explain why Texas can essentially ban all abortions, a law the majority concedes raises "serious questions" about constitutionality. /2
The majority offers not a single sentence on those merits or on current abortion jurisprudence. One has to turn to Justice Sotomayor's dissent to learn that laws that are an "undue burden" on abortion rights are unconstitutional under current law. /3
Read 18 tweets
20 Jul
I'm delighted to share the news, scooped by @Politico's @ZachMontellaro below, that David Kaye and I have started the Fair Elections and Free Speech Center @ucilaw.

Why such a Center? /1
As we explain at the Fair Elections and Free Speech Center's website, law.uci.edu/centers/fefs/,

/3
Read 13 tweets
7 Jul
Recording a podcast about Brnovich and getting angrier and angrier. What a horrible, disingenuous opinion by Justice Alito for the Court.
And now writing angry (again) about Brnovich. Stay tuned.
Channeled my Bronovich anger into a @Slate piece, coming to a browser near you in the morning.
Read 4 tweets
30 Jun
Tomorrow morning (at 7 am PT) the Supreme Court is expected to issue opinions in its two remaining cases: Brnovich on voting rights and AFP v. Bonta on donor disclosure.

Here's what at stake and what I'll be looking for:

/1
In Brnovich, the Democratic National Committee and others sued over two Arizona voting rules: one that doesn't count votes cast by a voter in the wrong precinct and one that prevents third party collection of absentee ballots (so-called "ballot harvesting"). /2
Democrats in Brnovich claim these rules violate Section 2 of the Voting Rights Act, which provides that minority voters must have the same opportunity as other voters to participate in the political process and to elect representatives of their choice. /3
Read 41 tweets

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