Rick Hasen Profile picture
Jun 29 6 tweets 3 min read
.@HillaryClinton calls Supreme Court Dobbs abortion decision “arrogant,” sees it as a “retreat” from an “inclusive, pluralistic society” #AspenIdeasFestival
.@HillaryClinton says that the level of surveillance and intrusion in women’s’ lives post-Dobbs will provoke a political reaction, but not sure how long it will take. She predicts an attempt at a federal abortion ban. #AspenIdeasFestival
.@HillaryClinton won’t opine on whether RBG should have retired in 2016 to help save Roe and abortion rights.
.@HillaryClinton says Democrats should blow up the filibuster in the Senate at least on women’s rights and voting rights #AspenIdeasFestival
.@HillaryClinton says there was an “attempted coup” on January 6. The plan going forward is to make it difficult for those likely to vote for Democrats to vote. She says there may also be instructions to “vote counters” as to how to count the vote. #AspenIdeasFestival
.@HillaryClinton says the continuing threats from the last January 6 and attempts to submit false electors in 2020 mean Republicans need to step up like Barry Goldwater in Watergate #AspenIdeasFestival

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More from @rickhasen

Jun 30
Breaking and Analysis: Supreme Court Will Hear Moore v. Harper, the Independent State Legislature Theory Case from North Carolina; This Case Could Severely Curtail the Ability of State Courts to Protect Voting Rights and Stop Partisan Gerrymandering electionlawblog.org/?p=130322
The Supreme Court today just agreed to hear Moore v. Harper, an “independent state legislature” theory case from North Carolina.
This case has the potential to fundamentally rework the relationship between state legislatures and state courts in protecting voting rights in federal elections. It also could provide the path for election subversion.
Read 24 tweets
Jun 30
Analysis: Supreme Court in EPA Case, Like the OSHA Case Earlier This Term, Shows The Court is Not Really “Textualists” and Applies Statutory Canons Reflecting Its Values electionlawblog.org/?p=130318
A thread:
Dissenting today in West Virginia v. EPA, Justice Kagan writes: “Some years ago, I remarked that “[w]e’re all textualists now.”. It seems I was wrong. The current Court is textualist only when being so suits it.”
This term surely proves the point. The “normal” mode of textual analysis we see from Justices like Justice Gorsuch begin with the words of a statute, often read in the context of surrounding text, looking to dictionaries and other tools of ordinary meaning.
Read 20 tweets
Jun 29
.@jelani9 talks about the underestimating by Democrats of the assault on voting rights in the U.S. and how serious the problem is. #AspenIdeasFestival
.@jmartNYT says Biden’s first year agenda belies notion that voting rights was a priority #AspenIdeasFestival
.@Yamiche talks about an immigrant who saw authoritarianism in Haiti now worries about the U.S. Voters don’t grasp the danger #AspenIdeasFestival
Read 4 tweets
Jun 23
In some ways today is the most important January 6 hearing yet, because it features evidence of Trump's attempts to manipulate federal law enforcement to help steal the election. My thread on today's hearing begins here. 🧵
Liz Cheney ties the efforts by Jeffrey Clark to get DOJ to support false claims of fraud tied into the fake slate of electors being pushed in state legislatures to try to blow up a fair count of the electoral college votes in Congress.
Once again, the scheme to try to steal the election (this aspect at DOJ) was stopped by honest government actors (in this case Rosen and Donoghue) acting in good faith. We can't count on that to happen in 2024 as personnel changes.
Read 22 tweets
Jun 23
6-3 SCOTUS decision expanding gun rights, with three liberal Justices dissenting: supremecourt.gov/opinions/21pdf…

BRUEN
From my very quick look, the most important 3 pages in the guns case (Bruen) is Justice Kavanaugh's 3 page concurrence joined by the Chief Justice. It seeks to limit the reach of the majority, and reaffirms limits on gun rights in 43 states.
The reason this is so important is that there are only 4 Justices willing to go further (Alito, Barrett, Gorsuch, and Thomas), so Kavanaugh and Roberts' narrower view is controlling (when coupled with the liberal dissenters).
Read 7 tweets
Jun 21
Chair Thompson of @January6thCmte pointing out the key role of state and local election officials in doing the right thing---it's what happens when you have a decentralized system of election administration, many often partisan officials. On this the U.S. is a great outlier.
I've written this piece at @HarvLRev Forum on how state or local election officials could subvert election outcomes in 2024 given our decentralized, partisan system of election administration: harvardlawreview.org/wp-content/upl…
Hearing what John Eastman was telling state legislators is just an attempt at a naked power grab wrapped in false empirical claims of fraud and faulty legal arguments.
Read 20 tweets

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