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Nov 19 • 4 tweets • 2 min read
About to be done producing free content for Elon here. Might just keep up automated tweets linking to blog posts. Find me @rickhasen@mastodon.online
Gonna need a lot of help here. Thank you all
I had started posting @rickhasen@mastodon.online yesterday and the posts were automatically coming here as tweets too thanks to the mastodon-twitter cross-poster. I've turned that off. So follow me over there if you want my content.
And you can always find my longer analyses and links at #ELB, electionlawblog.org. Link to subscribe to daily digest: forms.feedblitz.com/dmy

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More from @rickhasen

Rick Hasen Profile picture
Nov 18
I'm not so sure.
Garland has a lot of control over who gets appointed as special counsel. He can pick someone with integrity and respect on both sides of the aisle. And someone who can act quickly. He understands how Mueller faltered.
Garland also will have ultimate control over what happens. Better to appoint the counsel quickly, as it was inevitable that Trump was going to run for office and claim a witch hunt no matter what.
Read 5 tweets
Rick Hasen Profile picture
Nov 8
I do not believe anything in the RNC consent decree prevented the RNC from pursuing litigation over election rules.
There are other reasons by election litigation has exploded, nearly tripling in the period since Bush v. Gore in 2000.
A few explanations:
1. The 2000 election taught political operatives that in close elections, it may be possible to litigate to victory. That's especially true in a system that is decentralized and partisan, where there are lots of discretionary decisions to be made over how elections are run. /2
2. As @derektmuller has shown, recent changes in federal campaign finance law allow political parties to raise special funds for litigation. They have millions to spend, so why not sue over election rules? /3
Read 9 tweets
Rick Hasen Profile picture
Oct 19
And here's the brief of the state respondents in Moore v. Harper (with the great Don Verrilli on the brief) supremecourt.gov/DocketPDF/21/2…
I'm just about to dive into the state brief, but the non-state brief (supremecourt.gov/DocketPDF/21/2…) is terrific. It demolishes the text, practice and history arguments in favor of the "independent state legislature" doctrine that should convince any serious originalist.
The non-state Respondents' brief shows that just like Congress cannot act to impose rules on federal elections without federal court review, states cannot act to do so without state and federal court review. That's consistent with text and with early practice.
Read 7 tweets
Rick Hasen Profile picture
Oct 10
My New Paper: “Donald Trump Should Remain Deplatformed from Facebook, Twitter, and YouTube Despite the High Bar That Platforms Should Apply to the Question of Deplatforming Political Figures”
Free download @SSRN: papers.ssrn.com/sol3/papers.cf…
This short paper is prepared for this week's upcoming conference/webinar, "Should Donald Trump Be Returned to Social Media?" cosponsored by @Stanford and @UCLA_Law.
Free registration: electionlawblog.org/?p=132250
Abstract of my new paper: This paper argues that former United States president Donald Trump should remain deplatformed from Facebook, Twitter, and YouTube even if he declares as a 2024 presidential candidate. /1
Read 16 tweets
Rick Hasen Profile picture
Oct 4
I'm going to be live tweeting this morning's Supreme Court arguments in Merrill v. Milligan starting in a few minutes. The case threatens the vitality of one of the remaining tools to protect minority voters: Section 2 of the Voting Rights Act. Follow this thread:
So far there is a problem with the audio getting through on the Court website.....
Not an auspicious beginning
Well this is going to make for an interesting morning if I cannot hear the arguments....going to be hard to do those interviews.
Read 64 tweets
Rick Hasen Profile picture
Sep 23
So I had one of the worst customer experiences at a hotel last night at the @Marriott University Park in Salt Lake City. (Worse than #APSAonFire). A few tweets on what happened, but first a video of how my evening went:
I had a crazy schedule: I had to prepare for a university lecture. Also had to finish up congressional testimony and work on symposium paper. So I ordered food to be delivered so I could work through dinner. Met my dasher in the lobby and my key didn't work to get back in. 2/x
Figured I demagnetized my key. Went to the lobby and got another. No luck. Went down and asked for maintenance. Maintenance tried the master electronic key. No lights at all. The battery in the lock was clearly dead. 3/x
Read 15 tweets

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