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SCOTUS and the State Courts in Election Cases

Following up on my earlier joint post today on the election cases (and now writing by myself), I want to flag the compelling essay Akhil Amar, Vik Amar and Neil Katyal published yesterday in The New York Times under the title "The Supreme Court Should Not Muck Around in State Election Laws." The essay carefully draws some important lines between federal courts and federal law on one hand and state courts and state law on the other and concludes: "One Bush v. Gore is enough." Over at National Rev...
Tags: Supreme Court, New York Times, University of Florida, Ed, Branding, Gore, Bush, Vik, State Courts, Jason Mazzone, Ed Whalen, Akhil, Neil Katyal, Akhil Amar Vik Amar


The 2020 U.S. Presidential Election: An Election Like No Other In History

The Biden-Harris ticket could spell the end of the Second Amendment if elected. IMG NRA-ILA U.S.A. –-(AmmoLand.com)- Both Joe Biden and Kamala Harris have said, repeatedly, that this election is a battle for the soul of the Nation. See, e.g., USAToday story. In all other respects, they are both duplicitous liars, often contradicting themselves, positing the most ludicrous and monstrous of ideas. But they are dead-on right in their assertion that the coming election amounts to a battle for the...
Tags: Europe, Guns, Congress, Senate, White House, China, US, Eu, European Union, Joe Biden, Earth, United States, House Of Representatives, Middle East, Brussels, Party


Things to do – online and in-person – in the San Fernando Valley, LA area, Oct. 29-Nov. 5

  The Community Altar for Dia de los Muertos on display through Nov. 4 in Grand Park in downtown Los Angeles. (Photo by Beau Ryan/Grand Park)   Take a chance on cultural and educational experiences, Oct. 29-Nov. 5   EVENTS   Grand Park – Día de los Muertos Community Altars: Visit 11 altars, curated by Self Help Graphics, 5 a.m.-10 p.m. Oct. 29 through Nov. 4 (prerecorded audio guides to the altars available through Grand Park’s YouTube channel; masks and social distancing required; Grand ...
Tags: Facebook, Mississippi, Abc, California, Washington, Mexico, Scotland, La, Angels, Los Angeles, Atlanta, Sport, Soccer, Glendale, Ford, Sydney


The final countdown: Election litigation breakdown with Edward Foley

Are we headed for another Bush v. Gore? What would that case even look like in 2020? What is happening with all of the coronavirus-related litigation coming up to the Supreme Court right now? With less than a week to go before the 2020 election, SCOTUStalk host Amy Howe talks to election law expert and Ohio State University constitutional law professor Edward Foley about these questions and more. To follow all the latest developments on important election disputes that may reach (or have already...
Tags: Featured, Supreme Court, Law, Gore, Bush, Ohio State University, Amy Howe, Edward Foley, SCOTUStalk, Election litigation, Acast Post


Electoral college explained: how Biden faces an uphill battle in the US election

Trump won the presidency in 2016 despite Clinton receiving almost 3m more votes, all because of the electoral college. How does the system work? Who elects the US president?When Americans cast their ballots for the US president, they are actually voting for a representative of that candidate’s party known as an elector. There are 538 electors who then vote for the president on behalf of the people in their state.Each state is assigned a certain number of these electoral votes, based on the numbe...
Tags: Florida, New York, News, Congress, California, Senate, US, America, Pennsylvania, Wyoming, Maine, South Dakota, Washington Dc, Wisconsin, Nebraska, Michigan


The last 3 US presidents are all younger than this year's candidates

Tasos Katopodis/Getty Images, Drew Angerer/Getty Images The 2020 presidential candidates are older than the previous three presidents.  Current President Donald Trump is 74 years old and Democratic nominee Joe Biden in 77.  Former presidents Barak Obama, Bill Clinton, and George W. Bush are all younger.  Bush and Clinton are 74 years old (and are just slightly younger than Trump by a matter of weeks), and Obama is 59.  Visit Business Insider's homepage for more stories. This year's presid...
Tags: Politics, News, Obama, US, Trends, Joe Biden, Biden, Donald Trump, George W Bush, Clinton, Trump, Bush, Sarah Al Arshani, Tasos Katopodis Getty Images Drew Angerer Getty, Barak Obama Bill Clinton


Some (Old) Thoughts on the (Re)Emerging Article II Argument About Presidential Elections

 Justice Kavanaugh, perhaps remembering his role in Bush v. Gore, re-ups Chief Justice Rehnquist's argument there (calling it "persuasive[]") that Article II places limits on the power of state courts to interpret state statutes specifying the rules for selecting presidential electors. The argument focuses on the text: Article II says that electors shall be chosen "in such manner as the Legislature ... shall direct."Suppose a litigant says that the statutes so specifying are unclear in some way....
Tags: Court, Arizona, States, Branding, Gore, Bush, State, U S Supreme Court, Legislature, Florida Supreme Court, State Supreme Court, Kavanaugh, Rehnquist, Mark Tushnet


Here's what Brett Kavanaugh said on CNN about Bush v. Gore in 2000

Nearly two decades before Brett Kavanaugh was appointed to the Supreme Court, he helped with George W. Bush's legal fight before the court in the contested 2000 presidential election, providing insight at the time into his view on questions of whether the Constitution allows state courts to tinker with election rules.
Tags: Supreme Court, Cnn, George W Bush, Gore, Bush, Brett Kavanaugh


October 27 Blu-ray, Digital and DVD Releases

BEGIN SLIDESHOW October 27 Blu-ray, Digital and DVD Releases Welcome to ComingSoon.net’s October 27 Blu-ray, Digital HD and DVD column! We’ve highlighted this week’s releases in detailed write-ups of different titles below! Click each highlighted title to purchase through Amazon! PB = PB || {}; PB.gptStandAlone = PB.gptStandAlone || {}; PB.gptAutoRefresh = PB.gptAutoRefresh || {'gptAds':[], 'gptStandAlone':[]}; admiralCookie = readAdmiralCook...
Tags: South Korea, TV, London, Movies, Horror, Berlin, Edgar Allan Poe, Digital, America, Park, Britain, TV News, Roy, Kim, Jack, Blu-ray


Former ‘Daily Show’ Host Jon Stewart Returns to TV for a Current Affairs Series for AppleTV+

After a five year break, former Daily Show host Jon Stewart is coming back to TV. Stewart has reportedly signed an “expansive, multi-year deal” with Apple, and is set to serve as the host of a new current affairs series on AppleTV+ which will run for multiple seasons. Here’s what we know so far. According to a press release, Stewart has signed a first-look deal with Apple and will anchor a new, original current affairs series for the streaming service. The hour-long show will tackle a single ...
Tags: Apple, Hbo, Television, Movies, Casting, John Oliver, Daily Show, Jon Stewart, Rosewater, Eden, Bush, Stewart, Richard Plepler, James Dixon, Appletv, John Oliver Stewart


The Supreme Court's decision on Wisconsin's ballot receipt deadline hints at how they could rule on other key 2020 election issues

Workers prepare for a memorial service for late US Supreme Court Justice Ruth Bader Ginsburg at the US Supreme Court on September 22, 2020 in Washington, DC. - Ruth Bader Ginsburg will lie in repose at the Supreme Court on September 23 and September 24, 2020, before lying in state Friday at the US Capitol, both institutions announced. The late justice, whose death at age 87 has given President Donald Trump a rare chance to cement a conservative majority on the court, will be buried next week i...
Tags: Politics, Voting, Supreme Court, Washington, White House, Court, US, Trends, Analysis, Pennsylvania, Wisconsin, US Senate, Npr, States, Circuit, North Carolina


Kavanaugh opinion on ballot deadlines hints at how US Supreme Court might restrict vote-counting in Trump-Biden election

The US Supreme Court on September 22, 2020, in Washington, DC. Alex Edelman/AFP via Getty Images The US Supreme Court ruled 5-3 to uphold an appeals court decision requiring mail ballots in the key battleground state of Wisconsin to be received by the time the polls close on Election Day. Justice Kavanaugh's concurrence drew concern because he argued states shouldn't allow ballots to arrive after Election Day.  He also wrote that "States also want to be able to definitively announce the re...
Tags: Politics, Voting, Supreme Court, Washington, Trends, Analysis, Pennsylvania, Wisconsin, Npr, States, North Carolina, District Of Columbia, Donald Trump, George W Bush, Vermont, US supreme court


Records Show Trump’s Border Wall Is Costing Taxpayers Billions More Than Initial Contracts

This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox. On the same day in May 2019, the Army Corps of Engineers awarded a pair of contracts worth $788 million to replace 83 miles of fence along the southwest border. The projects were slated to be completed in January 2020, the Corps said then. Four months into this year, however, the government increased the v...
Tags: Florida, Texas, News, Obama, Congress, California, Montana, Mexico, Department Of Defense, Joe Biden, Dhs, Gop, North Dakota, House, Arizona, San Diego


Trump’s Justices Have Finally Spelled Out Their Hardcore Approach To Election Disputes

A Supreme Court order that backed a Wisconsin voter restriction served as a jumping off point for two President Trump-appointed justices to air a hardcore approach to election disputes. The approach they laid out could prove pivotal in the event of a contested presidential election in which Trump is asking the U.S. Supreme Court to overturn state court decisions that favor his opponent. In an 18-page, error–filed concurring opinion, Justice Brett Kavanaugh leaned into the Supreme Court’s cont...
Tags: News, Supreme Court, Senate, Pennsylvania, Wisconsin, States, Gore, Trump, Bush, Tierney Sneed, U S Supreme Court, John Roberts, Roberts, William Rehnquist, Elena Kagan, Kagan


Progressive Dems Ramp Up Calls To Expand SCOTUS In Wake Of ACB Confirmation

Progressive House Democrats called on their colleagues to fight fire with fire on Monday night after the GOP-controlled Senate locked in Judge Amy Coney Barrett’s seat on the Supreme Court in a hurried confirmation process. “Expand the court,” Rep. Alexandria Ocasio-Cortez (D-NY) tweeted. The New York congresswoman urged her fellow Democrats to get tough on the issue instead of listening to the GOP’s claims that expanding the court is somehow illegal or otherwise illegitimate. “Republicans do...
Tags: New York, News, Supreme Court, Senate, Gop, Bush, Omar, Barbara Lee, Democratic House, Congressional Progressive Caucus, Bowman, Progressive House, Ilhan Omar, Amy Coney Barrett, Cristina Cabrera, Rashida Tlaib


Emo-truthful Trump-Biden 2020: another post-truth election

The US Presidential Election 2020 is the COVID-19 election saturated with post-truth political communication. While the presidential campaign necessarily breathed and belched the air of post-truth politics from its inception, the first week of the campaign’s final month, 27 September-3 October, took post-truth to new levels of intensity and showcased the concept’s multiple forms. They ranged from bullshit to rumor bombs, conspiracy theories, fake news, and lying, which, as I’ve explained, issue ...
Tags: Facebook, Books, Politics, UK, Featured, Washington Post, Washington, White House, Iraq, US, Los Angeles, Atlanta, Joe Biden, Bbc, Cnn, New York Times


Justice Kavanaugh seems to argue no votes should be counted after Election Day. He may get his wish in key states.

The Supreme Court sided with Republicans in Wisconsin on Monday, ruling 5-3 along ideological lines that Wisconsin can count only those absentee ballots that arrive by Election Day — even if they were mailed days earlier. Since first-class mail has been taking an average of 10 days to be delivered in the state, Wisconsin's Democratic Party urged mail-in Democrats to hand-deliver their absentee ballots or vote in person.The practical issue involves what happens with Wisconsin's 700,000 ou...
Tags: News, Supreme Court, Washington Post, White House, Pennsylvania, Wisconsin, Biden, North Carolina, George W Bush, Gore, Trump, Bush, Democratic Party, Mark Joseph Stern, Stern, Barrett


Senate Confirms Amy Coney Barrett, Locking In Conservative Control Of SCOTUS

The Senate confirmed Judge Amy Coney Barrett to the Supreme Court on Monday, making her the third Trump nominee to reach the high court. Her confirmation is the culmination of the decades-long effort by the conservative legal movement to remake the federal judiciary in its image. By putting her on the court just a week before the election, Senate Republicans have prioritized those long term goals over the short term political price their vulnerable members may pay at the ballot box next we...
Tags: News, Supreme Court, Obamacare, Congress, Senate, White House, Pennsylvania, Democrats, Gop, Mitch McConnell, Catholic, North Carolina, Ruth Bader Ginsburg, Gore, Trump, Bush


NBC Runs With Edited Clip of Biden Confusing Trump With Bush

“Frankly, I had higher expectations for NBC News,” commentator Ana Navarro, who was interviewing Biden along with George Lopez, told The...
Tags: Nbc, Nbc News, Biden, Bush, George Lopez, Ana Navarro


A Court Fight Is Brewing Over A Ballot Slip-Up Affecting 29K Pittsburgh-Area Voters

Republicans have gone to federal court to make it easier for them to challenge the ballots of  nearly 29,000 Pittsburgh-area voters who were caught up in ballot-sending flub in recent weeks. The court fight stems from a mail vendor screw-up that resulted in 28,879 Allegheny County voters being sent the wrong ballots. Election officials have since sent those voters the correct ballots, and have created a process to prevent those voters from having their votes counted twice if they send bot...
Tags: News, Supreme Court, Pennsylvania, Gop, Pittsburgh, Gore, Trump, Voting Rights, Bush, Tierney Sneed, Allegheny County, Ranjan, GOP U S House, J Nicholas Ranjan, Andrew Szefi, Thomas Breth


Symposium: The particular perils of emergency election cases

This article is part of a symposium on the Supreme Court’s “shadow docket.” Edward B. Foley holds the Ebersold chair in constitutional law at Ohio State University, where he also directs the election law program. His latest book is Presidential Elections and Majority Rule. The truly important decision in Bush v. Gore as a practical matter was not the merits ruling released on Tuesday, Dec. 12, 2000, but instead the stay decision issued the previous Saturday, Dec. 9. That stay surely ranks among ...
Tags: Florida, Featured, Supreme Court, Law, Obama, Senate, Alabama, Dnc, Joe Biden, Pennsylvania, Gop, Wisconsin, Ohio, Republican Party, Biden, Cleveland


Dispatch 30: Thai and US Insurrection, and Insurgency

Pro-democracy protesters give the three-finger salute outside a station in Bangkok as rallies continued [Lillian Suwanrumpha/ AFP] Unedited morning thoughts: Recently, I was an expert witness on arbitration for a situation involving Hong Kong. During proceedings, someone asked the difference between insurrection and insurgency. Answer: depends on who is answering. Same with "terrorism." Ten people, ten answers. Of course, someone will fall back and say, "But this dictionary says..." T...
Tags: Florida, Isis, Featured, China, Iraq, US, America, Taiwan, Thailand, Canada, Military, United States, Portland, Bangkok, Dresden, Bush


Symposium: The solicitor general, the shadow docket and the Kennedy effect

This article is part of a symposium on the Supreme Court’s “shadow docket.” Steve Vladeck (@steve_vladeck) is a professor of law at the University of Texas School of Law. His teaching and research focus on federal jurisdiction, constitutional law (especially the separation of powers), national security law and military justice. For as long as the Supreme Court has existed, it’s had a “shadow docket” to record everything other than the justices’ formal rulings in argued cases. Indeed, the very fi...
Tags: Featured, Supreme Court, Law, Congress, Washington, Barack Obama, Cambodia, Donald Trump, George W Bush, Kennedy, Trump, Bush, John Roberts, Ethel Rosenberg, Davies, Julius


Trump boasts the economy reached historic heights during his first term. Here are 9 charts showing how it stacks up to the Obama and Bush presidencies.

Jabin Botsford/The Washington Post via Getty Images The pandemic wrecked the US economy, and now — in less than two weeks — voters are set to decide which candidate they want to put it back together. Trump and Biden are making competing cases they are the best person to rebuild the economy. But history suggests that presidents exert limited influence over the economy. Here's how the economy under Trump stacked up to Obama and Bush, highlighted by nine charts addressing metrics like GDP gr...
Tags: Google, Amazon, Obama, Washington Post, White House, China, Iraq, US, San Francisco, Barack Obama, Trends, Joe Biden, Afghanistan, Gop, Bill Clinton, Goldman Sachs


Electoral college explained: how Biden faces an uphill battle in the US election

Trump won the presidency in 2016 despite Clinton receiving almost 3m more votes, all because of the electoral college. How does the system work? Who elects the US president?When Americans cast their ballots for the US president, they are actually voting for a representative of that candidate’s party known as an elector. There are 538 electors who then vote for the president on behalf of the people in their state.Each state is assigned a certain number of these electoral votes, based on the numb...
Tags: Florida, New York, News, Congress, California, Senate, US, America, Pennsylvania, Wyoming, Maine, South Dakota, Washington Dc, Wisconsin, Nebraska, Michigan


The Good But Also Ominous News From The Supreme Court About Voting in Pennsylvania

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. The Supreme Court gave good news Monday night by doing nothing. The Court turned away a request by the Republican National Committee to prevent Pennsylvania from counting mail-in ballots that are received up to three days after Election Day. That means that more people’s legitimate votes will be counted, which is an unqualified win for democracy. But that good news may not last. The state of play after Election Day will ...
Tags: News, Supreme Court, Court, Pennsylvania, Arizona, Constitution, Republican National Committee, Cafe, Gore, Bush, Harvard Law School, Legislature, The Supreme Court, McPherson, Roberts, Pennsylvania Supreme Court


Ex-Bush Aide Tells Evangelicals What Trump Really Thinks Of Them

Wehner warns that evangelicals will pay a huge price for their blind loyalty to the president.
Tags: News, Bush, Wehner


Why the US Supreme Court letting Pennsylvania's extended ballot deadline stand is one of its most important decisions this year

A voter casts his early voting ballot at drop box outside of City Hall on October 17, 2020 in Philadelphia, Pennsylvania. Mark Makela/Getty Images The US Supreme Court denied a challenge from Pennsylvania Republicans seeking to block a state Supreme Court ruling extending the deadline for mail ballots to be received.  The members of the court split 4-4, with Chief Justice John Roberts joining the three liberals on the court in denying the stay. When the court ties, the lower court ruling i...
Tags: Politics, Supreme Court, Senate, Trends, Analysis, Pennsylvania, Gop, Washington Dc, Smith, Donald Trump, US supreme court, Gore, City Hall, Trump, Bush, Democratic Party


Tuesday round-up

In a busy start to the week, the Supreme Court added three new cases to its docket and issued a 4-4 order in a closely watched case about Pennsylvania election rules. The court agreed to decide the legality of two controversial Trump administration immigrations policies and to clarify the scope of when police officers may enter a person’s home without a warrant. And the court deadlocked in the Pennsylvania election case, with Chief Justice John Roberts siding with the three liberal justices in a...
Tags: Supreme Court, Law, Pennsylvania, Biden, Gore, Trump, Round-up, Bush, John Roberts, Richard Hasen, Pat Nolan, Jess Bravin Brent Kendall, Daniel Cotter, Election Day Other Supreme Court, Richard Hasen Dahlia Lithwick Slate I Was Reagan, Court Charles Fried The New York Times Amy Barrett


The clock is ticking on Republicans' Senate advantage

For years the conventional wisdom has been that Republicans enjoy a healthy structural advantage in the race for the U.S. Senate. It's how Republicans were able to expand their majority in that chamber despite a brutal national environment in 2018, and it's how senators representing a minority of the U.S. population will be able to plow forward with Amy Coney Barrett's Supreme Court nomination before the election, confident that even if they kick away the Senate this year, it won'...
Tags: Texas, News, Mississippi, Supreme Court, Montana, Washington, Senate, Iraq, Reagan, Cnn, Gop, Ronald Reagan, North Dakota, Alaska, Tennessee, Ted Cruz