I teach, write, and tweet about state constitutional law, prosecutors, and institutional development. Currently:
@widenerlawcw
. Beginning July:
@msulaw
.
๐จ๐จ๐จ Huge, earth-shattering announcement from me: I've made a Substack!
I decided it made sense to drift away from long Twitter threads into longer-form essays, where I can talk about state-level legal developments. Follow if you'd like!
As a law student, seeing attorneys named as co-conspirators and threatened to have their licenses revoked only because they gave legal advice to former President Trump worries me. This is against the very nature of the American justice system Iโve long aspired to be a part of.
BREAKING: Oregon Supreme Court rules that voters did, in fact, vote to bar state legislators who are chronically absent from seeking re-election. Several Republican state senators who wanted to run for another term this year will be unable to.
This is another L for Tulsi, who left the Democratic Party and immediately endorsed the hardest-right, most insurrection-friendly Republicans she could find
Iโm honored to be endorsed by
@TulsiGabbard
! Tulsi is leading the political realignment to put our families & our nation 1st. This movement is about our common love for our nation, not political labels. Join us & lets take our nation back!
Big words from someone who literally favorably cited Ben Shapiroโs โHow to Debate Leftists and Destroy Them: 11 Rules for Winning the Argumentโ in an opinion.
Here's how bonkers this is. The Mississippi Supreme Court says that the constitution needs to be amended for one of its own provisions to be enforceable.
...but the court killed the ability of voters to amend the constitution!
So now it's *entirely* up to the legislature.
I feel genuinely bad for the Columbia Law Review students who put together a really cool call for papers about the law of protest and then had their university administration turn the entire campus into a simulation of the topic
Columbia Law Review is now accepting abstract submissions for our Fall 2024 Symposium on the Law of Protest! Please submit your abstracts to Shaunak Puri, our current Symposium & Book Review Editor, at symposium
@columbialawreview
.org.
#LRSubmissions
@ScholasticaLR
@ColumbiaLaw
Well, the good news for Ohio Republicans is that they both *lost* the battle to make it harder for the abortion-rights measure *and* primed the electorate to realize that they're trying to take their rights away from them
The state constitution allows voters to initiate constitutional amendments, and organizers are required to gather signatures from five congressional districtsโbut there are only four districts following the 2000 census.
So, oops! No initiative process anymore.
DeKalb County is such a fucking nightmare for the GOP; a black middle class, a shit-ton of young voters, and super high-propensity college-educated voters
A large chuck of DeKalb County (AP estimates just over 40%) is in, giving Warnock statewide lead back. He's up 50.4-49.6 with 67% of estimated vote in.
This is absolutely stunning. In the face of an outdated constitutional provision, the Mississippi Supreme Court just threw up its hands, killing the state's voter-initiated amendment process.
Opinion here:
I went to law school with Courtney. She was actively involved in the plot to steal Georgia, which she helpfully documented in real time by posting it on her Instagram. Hereโs a picture of her in the room where the fake electors met:
such a weird admission that all but concedes that (1) there are *impermissible* grounds for impeachment and (2) impeachment is tit-for-tat punishment for a lawsuit's existence
Assembly Speaker Robin Vos tells
@WisEyeLisa
he's offering Dems an "off ramp" to impeachment with his new nonpartisan redistricting model proposal.
He also explains more about how why he's asking former justices to review impeachment framework.
Ziegler: "For 40 years, the role of the Chief Justice has been understood and respected."
Yes, from 1977 to 2015, at which point, the Wisconsin Legislature made the Chief Justice accountable to the court's majority in a successful effort to strip CJ Abrahamson of her powers.
again, fundamental disconnect here between Alito and Thomas repeatedly having major ethical lapses and facing situations where they should recuse, and Protasiewicz, who is facing *impeachment* for an allegation that the state Judicial Commission dismissed as unsubstantiated
NEW: In a sharp statement attached to today's orders, Justice Alito REJECTS Sen. Durbin's call to recuse himself from a major tax case, saying Durbin "fundamentally misunderstands the circumstances under which Supreme Court Justices must work."
This case involved medical marijuana. Organizers were trying to put on the ballot an amendment to expand Medicaid. The Republican-dominated legislature seems...less than likely to go out of its way to amend the constitution to allow voters to amend the constitution.
Here's the spot, titled "For You" --
Joe Biden in navy blue Polo quarter zip to camera:
"Look, I'm not a young guy. That's no secret. But, here's the deal. I understand how to get things done for the American people"
With a recount looming on the horizon, it may be helpful to quickly spell out the rules for a recount in Arizona. The process is pretty straightforward! A quick thread from me:
Maricopa County has posted final results. The last batch was 1,372 ballots that broke 63/37 for the R slate.
@AbrahamHamadeh
net 340 votes. He will go into the automatic recount trailing
@krismayes
by 510.
All counties are count complete.
This decision is one of the most flagrantly lawless, arrogant decisions I've ever read. The court gleefully refuses to follow the Florida Supreme Court's previous decisions interpreting the state Constitutionโand bets that the current court won't shut it down. It may be right.
Turns out adding a right to make โhealth care decisionsโ to your state constitution actually includes the right to make health care decisions, as I wrote about in
@boltsmag
earlier this month:
Invoked, 51-50 with
@VP
voting in the affirmative: Motion to invoke cloture on Executive Calendar
#114
Kalpana Kotagal to be a Member of the Equal Employment Opportunity Commission for a term expiring July 1, 2027.
It's actually unclear to me under New Hampshire state law how this tie vote is meant to be resolved. It's said that the General Assembly will break the tie . . . but I'm not so sure. Quick thread from me:
If Buck wanted to screw over Boebert, this is probably the one thing he could doโand itโll be devastatingly effective, because she loses either way.
If she gets the nomination and wins the special, sheโll either have to resign, causing another special, or delay taking office.
Ken Buck represents CO-4; Lauren Boebert, who represents CO-3, is running to replace him. If Boebert wins a special election to replace Buck she'll have to resign CO-3, creating a new vacancy. But if she doesn't run in the special she risks losing her chance to remain in Congress
Itโs always interesting when Republicans discover the need for voting accommodations when their voters are disproportionately affected by events beyond their control.
In 2022, following several Republican walkouts from the state legislature, which deprived the legislature of a quorum to do business, voters ratified an amendment to the Oregon Constitution that added the following language:
Hamadeh was genuinely one of the most frightening candidates on the ballot this year. The combination of far, far right; underqualified; and bad faith is dangerous to have in an AGโs office.
I made a spreadsheet of every federal court in the country! It includes judges' biographical information, party control of each court, and a feature that tracks when a judge is eligible for senior status.
New from me in
@boltsmag
: Abortion-rights constitutional amendments triumphed in California, Michigan, and Vermont as anti-abortion measures look like they failed.
As always, I'm playing my usual tune: state constitutions matter โจ
Major props to
@gardnerphil
for running a stellar campaign in a tough districtโand coming out on top against one of the most horrifying candidates running this year.
@nickwabraham
This is amazing! I'm the Associate Director of the Yale Center for Environmental Law and Policy. I'm deeply interested in the value of democracy in making environmental decisions. I'd welcome a chance to talk with youโor anyone else at LCV or NCVโabout your experiences here.
This statement by Alabama Gov. Kay Ivey saying that the legislature knows the state โbetter than the federal courts or activist groupsโ is something else.
I received an email from a law professor at another school this morning that began by deadnaming meโwhich I assume was deliberate, given the disconnect between my deadname and my email addressโand continued by suggesting I cite more of his work in an article draft I have on SSRN.
@AnthonyMKreis
that's a good distinction! presenting a law student as a quasi-expert is definitely inadvisable. I think talking to law students about what it feels like for this to be happening as they're in law school is deeply interesting and important.
If Knopp is right, and Republican legislators "literally have no reason to show up"โa ridiculously revealing view of how Republicans view governanceโthen a new constitutional amendment will be needed. This is no way for a modern legislative body to function.
Regardless of anyoneโs feelings about federalism or Trumpโs removal from the ballot, I think itโs absolutely nuts that national candidates file for the presidency state-by-state, subject to each stateโs idiosyncratic requirements. Thatโs no way to administer a national election.
NEW from me in
@boltsmag
: Conservatives amended state constitutions after the passage of Obamacare to include "health care freedom" provisions. Abortion-rights advocates in Ohio and Wyoming are now using these provisions to challenge abortion restrictions.
Even when Democrats win by landslide margins against unacceptable opponents, it's their fault that Republican primary voters picked that opponent.
Republican primary voters have no agency, it seemsโwhich is giving away the game in ways that I don't think these people realize.
"Three cheers for Shapiro? Not so fast. He may have acted as if the threat posed to democracy by his opponent, Doug Mastriano, was severe, but he also helped Mastriano triumph over his more normal Republican opponents in the primary election."
Early voting is happening in Ohio for the August 8 electionโwith record turnout! More Ohioans have voted as of July 20 than voted early or absentee in the entire 2022 primary. But the increase in turnout isn't uniform, so I mapped out what it looks like:
@AnthonyMKreis
As a former Executive Board member of the Emory Law Journal, I absolutely, unequivocally stand by the actions of the Board in refusing to publish thisโand am quite impressed by their moral clarity and resolve. Itโs not easy to push the academy on stuff like this.
Something understatedโ โa huge number of people showed up to vote in South Dakota *solely* to vote against Amendment C. There are ~35K votes in the Republican primary as of right now but ~53K in the Amendment C race. There are no statewide Dem contests! Only one leg primary!
In a narrow, 3-2 vote, the New Hampshire Supreme Court REJECTS partisan gerrymandering challenge to State Senate and Executive Council districts; UPHOLDS the constitutionality of the maps under the New Hampshire Constitution.
[mysterious old lady flips tarot card revealing a dude who looks exactly like Marc Molinaro losing a special election in a Biden+2 district in an ostensibly Republican-favored midterm election year]
Kevin McCarthy: is that good
Breaking: The New Mexico Supreme Court allows a Republican challenge to the state's congressional districts to proceed, holds that partisan gerrymandering is justiciable under the state constitution, and lays out a standard.
Link:
NEW from me in
@boltsmag
:
Yesterday, the South Carolina Supreme Court struck down the stateโs six-week abortion ban, holding that it violated the state constitutionโs explicit right to privacy. Hereโs my latest, which breaks down the courtโs ruling:
@TimJarrellAZ
@AndrewRCraig
"First past the post" refers to an electoral system in which the candidate who receives the most votes, even if it is a mere plurality, wins the election.
Ex-felons in Florida were falsely told they could voteโthen were arrested after they voted. Local prosecutors dismissed the cases, but the Statewide Prosecutor continued them. In this brief, Bob Williams and I argue that the Statewide Prosecutor's actions are unconstitutional.
I'm so, so pleased to share that I've been appointed as an Assistant Professor of Law at Widener University Commonwealth Law School (
@WidenerLawCW
) beginning this summer! I can't think of a better place to continue my academic career.
The literal language of the amendment is somewhat ambiguous, though. Read literally, "the term following the election after the member's current term is completed" would seemingly refer to the term *after* the next election.
Because the text was ambiguous, the court considered voter intent. The explanation on the ballot, for example, was a pretty good indication of what voters intended. The "Yes" statement clearly said that the measure related to the "term following current term of office."
Here's a not-so-fun fact: Democrats' gain of the trifecta in Michigan is only the ๐๐๐๐ฉ๐ ๐ฉ๐๐ข๐ since the Civil War that Democrats will have held the governorship and state legislature in the state.
The previous four times:
โข 1891โ93
โข 1933โ35
โข 1937โ39
โข 1983
I genuinely have zero idea what this means. The fear among Wisconsin Democrats is that . . . a federal court will hear a partisan gerrymandering claim? Does Rucho not exist anymore? What is this?
NEW: Wisconsin Republicans are considering passing legislative maps originally proposed by Gov. Tony Evers (D). But some Democrats are concerned that the maps could set off a major legal battle and leave Wisconsin stuck with gerrymandered districts.
Following the Supreme Court's opinion in Dobbs, attention has rightly focused on state constitutions. In my latest piece for
@boltsmag
, I analyze each state (and territorial!) constitution to determine the current status of abortion rights.
Iโm so happy that my first post-law school article has been published by the
@MoLRev
in its latest issue.
I do a deep dive into fake polls, which were likely meant to manipulate PredictIt political betting markets, and argue that they could be wire or commodities fraud.
Yesterday, a three-judge panel struck down Tennessee's state senate maps . . . for not consecutively numbering state senate districts?
Why is the lack of consecutive numbering a big dealโand such a big deal that the maps were invalidated? A quick thread ๐งต from me:
#NEW
: A three-judge panel has issued an injunction against Tennesseeโs new state Senate map.
The panel orders lawmakers to come up with a new redistricting plan within 15 days. If they canโt meet the deadline, the court will come up with an interim plan.
Today, in Guaranteed Republics: I discuss Kathy Hochul's argument that the New York State Senate is constitutionally obligated to vote on Hector LaSalle's nomination to the Court of Appeals.
Spoiler: Hochul is wrong.
What we learned today is that you can go undefeated and win your conference championship game, but the College Football Playoff committee will ignore these results.
Congratulations to
@FSUFootball
on an outstanding season and winning the ACC championship!
Cleo Fields represents Senate District 14. In a stunning coincidence, Wikipedia user "Sendist14"โwho's only ever edited Cleo Fields's pageโremoved from his Wikipedia page any information about the time he was caught on camera stuffing cash from Edwin Edwards into his jacket. Odd!
As one of the disqualified Republican senators said yesterday, though, the outcome doesn't matter, because Republican legislators will fall on their swords and disqualify themselves to deny Democrats the ability to achieve their legislative goals.
Since Dobbs was handed down, access to abortion in many states has gotten significantly harder. But taking the fight for abortion rights to the states has meant that voters have paid a lot more attention to what their state constitutions say and who their elected officials are.
In so doing, Joe Biden now has the 24th most judicial nominees confirmed of any President at the end of just his first year in officeโleapfrogging over Abraham Lincoln, William McKinley, and George Washington.
After Breonna Taylor's 2020 shooting death, a wave of reforms targeted no-knock search warrants.
In Mississippi, many courts block or don't even keep search warrant records, thwarting scrutiny and oversight.
#BREAKING
: In a 2-1 decision, the 8th Circuit has upheld a lower court ruling that private individuals can't bring lawsuits under Section 2 of the Voting Rights Act.
The Post interviewed 13 women journalists worldwide about the effect hate and smear campaigns have had on their careers.
Stories that might have been told โ or perspectives that might have been shared โ stay untold and unshared.
Just imagine hopping on Twitter to defend depriving survivors of a hate-motivated mass shooting of mental health counseling to address their very real traumaโand using the fact that the State has *always* failed to give them counseling as support for the current deprivation.
Earlier this week,
@boltsmag
published a database I pulled together on the state supreme courts in every state. I'm always so happy to have the chance to break down how state government actually worksโbecause it's not always obvious (or easy to find out)!
And, again, projection all the way down: as Ziegler accuses the liberals of corruption, she violated the judicial code by deciding cases that affected her husband!
It is absolutely nuts that Ken Paxton, one of the most corrupt officeholders in the country, has not only managed to escape ANY consequences for his criminal conduct and abuse of office, but may well successfully enact revenge tonight on EVERYONE who has ever wronged him.
.
@CoveyTX
wins 55% of the Orange County early vote, dropping
@DadePhelan
below 50% thru combined early returns in Jefferson and Orange. Overall state of
#HD21
right now:
Phelan 47.7% (8,044 votes)
Covey 47.5% (8,018 votes)
Davis 4.8% (812 votes)
#txlege
Four proposed constitutional amendments in Arizona and Arkansas would significantly curtail direct democracyโwhich comes on the heels of the passage of a number of progressive measures in both states. Check out my latest in
@boltsmag
:
Tom Cotton held up the nomination of Cassandra Butts, President Obama's appointee to serve as Ambassador to the Bahamas, so long that she died before she could be confirmed
Durbin says GOP should show โkindnessโ and agree to replace Feinstein on Judiciary.
โTomorrow this could happen to the Republicansโฆsheโs in a delicate part of her life and her Senate service. They should stand by her and give her a dignified departureโ
A separate special election would be scheduled if Gallagher left before April 9 under section 8.50(4)(b) of Wisconsin Statutes, but because he's leaving AFTER that point, the special will be consolidated with the November general election.
In my latest for
@boltsmag
I discuss the recent New Hampshire Supreme Court decision that rejected partisan gerrymandering claims as non-justiciableโdespite John Robertโs claim in Rucho that aggrieved litigants could turn to the states.
When Hobbs was appointed, it was the first time since 1965 that all (partisan) statewide elected officials in Washington were Democrats. His re-election means that it's the first time since 1960 that Democrats have won every election for all statewide offices.
Julie Anderson (I) has conceded to Steve Hobbs (D) in
#WASoS
. He's the first Democrat elected
#WASoS
since 1960 (!). Hobbs currently has 49% to Anderson's 47%, and write-ins got 4%. A GOP election denier ran a write-in campaign and may have spoiled this for Anderson.
The "Iowa model" involves the state Supreme Court when the governor and legislature don't agree on maps.
The "Iowa-style" Wisconsin bill doesn't, and gives the legislature total control over the final phase of the process โ exactly the situation we're trying to avoid.
The
@ORCapChronicle
has done a great job of covering this story. Their coverage is here, and major credit for posting the opinion *before* it was on the court's website:
Yay! "Shadow Districts" is now out in print from
@CardozoLRev
. I argue that elected state boards are getting left behind in redistricting reform efforts and litigationโand that there are too many failures to equitably redraw these lines.
Weโve been cooking something very exciting, and Iโm glad itโs finally ready! This is a truly comprehensive guide to every state supreme courtโselection, elections, criteria, jurisdiction, punishment, rulemaking power, etc. Iโm so exited to share this!
A massive new resource from
@boltsmag
today: A state-by-state guide to *every* state supreme court.
We break down their structure, selection procedures, and functions:
This year, Alaska will vote on whether it wants to hold a constitutional convention. There's a lot at stake in answering yes or noโand it's critical to know how delegates to the convention will be selected. But it is manifestly unclear how that will happen.
A thread ๐งต from me:
Durbin bragging that he has "convinced the White House that it is better to get a moderate Republican today than a MAGA Republican tomorrow" does not fill me with confidence
This is done. With 50% of precincts totally reporting and >100K votes in, Amendment C is down 68-32. The margin may tighten somewhat, but when it's losing by 20-30 points in almost every county in the state, the outcome is clear. Direct democracy lives on in South Dakota!
Ken Paxton: comically corrupt, indicted for fraud, fired whistleblowers in his office, and is getting acquitted in his impeachment trial.
...yet Janet Protasiewicz faces impeachment for a nonexistent judicial conduct violation that was DISMISSED by the state judicial commission.
@xenocryptsite
the day-to-day depiction of the political process was off in a way that reflects that. the idea that there would be (reasonably accurate?) opinion polling conducted multiple times in a city of ~60,000 people for an off-cycle city council election was strange.
Friendly reminder to all would-be fake pollsters: If youโre faking a poll to game PredictIt markets, youโre probably committing wire or commodities fraud! โ ๏ธ Proceed with caution. โ ๏ธ
Very important storyโstate officials reviewing ballot measures are treating their (sometimes ministerial) duties as opportunities to block measures they dislike.
NEW: A swath of GOP attorneys general are weaponizing their role in the ballot measure process to keep blocking initiatives over abortion, redistricting, or voting rights -- often delaying it for a long time even if they end up losing in court.
All over: