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States could, in theory, try to keep Mr. Trump off the ballot by passing legislation requiring a clean criminal record, but this would be on legally shaky ground. The California Supreme Court also unanimously blocked it as a violation of the state constitution, and the case never reached the U.S. Supreme Court. And the 14th Amendment is separate from criminal cases, meaning convictions would not disqualify Mr. Trump either. Now that Mr. Trump has secured a majority of delegates to the Republican convention, the party has no mechanism to nominate somebody else. Mr. Trump is registered to vote in Florida, and he would be disenfranchised there if convicted of a felony.

Persons: Donald J, Trump, Eugene V, Debs, Jessica Levinson, “, —, Anthony Michael Kreis, that’s, ”, Richard L, Kreis, — Ron DeSantis, Chris Taylor, Erwin Chemerinsky, “ It’s, Levinson, Biden, Mr, Chemerinsky, Nixon, Justice Department —, Trump Justice Department —, Jones, Bill Clinton, Charlie Savage Organizations: Republican, Democratic, Loyola Law School, California Supreme, U.S, Supreme, Colorado Supreme, Mr, Georgia State University, University of California, Florida, Offender, New, Justice Department, Trump Justice Department Locations: United States, New York, Georgia, California, Colorado, Los Angeles, Florida, Berkeley, Clinton

Supporters of the state laws say they foster free speech, giving the public access to all points of view. One contrarian brief, from liberal professors, urged the justices to uphold the key provision of the Texas law despite the harm they said it would cause. “Social media platforms exercise editorial judgment that is inherently expressive,” Judge Kevin C. Newsom wrote for the panel. To the surprise of many, some prominent liberal professors filed a brief urging the justices to uphold a key provision of the Texas law. In the second case, Miami Herald v. Tornillo, the Supreme Court in 1974 struck down a Florida law that would have allowed politicians a “right to reply” to newspaper articles critical of them.

Persons: Samuel A, Alito Jr, ”, Scott Wilkens, Ron DeSantis, John Tully, Donald J, Trump, Greg Abbott of, —, Ken Paxton, “, Andrew S, Oldham, Kevin C, Newsom, Lawrence Lessig, Tim Wu of, Teachout, Mandel Ngan, Richard L, “ Florida’s, Moody, Paxton, Robins, William H, Rehnquist, Pat L, Tornillo, Warren E, Burger Organizations: Facebook, YouTube, Columbia University, Big Tech, The New York Times, Gov, Republican, Computer & Communications Industry, New York Times, Fox News, U.S ., Appeals, Fifth Circuit, ISIS, Harvard, Tim Wu of Columbia, Zephyr, Fordham, Twitter, Manchester Union, Citizens United, Agence France, University of California, Miami Herald, Florida, Representatives, Constitution Locations: Florida, Texas, Greg Abbott of Texas, Ukraine, Los Angeles, Campbell , Calif

☆ Opinion | The U.S. Lacks What Every Democracy Needs
▼ + stars: | 2024-01-16 | by ( Richard L. Hasen | ) www.nytimes.com time to read: +1 min

The history of voting in the United States shows the high cost of living with an old Constitution, unevenly enforced by a reluctant Supreme Court. Unlike the constitutions of many other advanced democracies, the U.S. Constitution contains no affirmative right to vote. Our problems are only going to get worse until we get constitutional change. The framers were skeptical of universal voting. The original U.S. Constitution provided for voting only for the House of Representatives, not for the Senate or the presidency, leaving voter qualifications for House elections to the states.

Organizations: U.S . Constitution, Canadian Charter of Rights, Freedoms, Bundestag, Constitution, Senate Locations: United States, U.S ., Canada, Federal Republic of Germany, U.S

CNN —Donald Trump has been indicted on federal charges related to 2020 election subversion, a stunning third time this year that the former president has faced criminal charges. “The Constitution has very few requirements to serve as President, such as being at least 35 years of age. Could a president serve from prison? “How someone would serve as president from prison is a happily untested question,” Hasen said. If Trump were to be convicted before the 2024 election and win the contest, he could try to grant himself a pardon, according to Hasen.

Persons: Donald Trump, Richard L, Hasen, –, Trump, ”, ” Hasen, Jack Smith, Robert Ray, “, Justice Department ”, John Lauro, CNN’s Kaitlan Collins, ” Lauro Organizations: CNN, University of California, Trump, Court, Justice Department Locations: Los Angeles, United States, Manhattan, New York, Florida

Weeks later, Mr. Trump is the former President Trump. Instead, in a brief televised address shortly before 2:30 a.m., Mr. Trump furiously laid down his postelection lie. For weeks, Mr. Trump had been peppering him with tips of fraud that, upon investigation by federal authorities, proved baseless. The cavalry “is coming, Mr. President,” Kylie Kremer tweeted to Mr. Trump on Dec. 19. On Jan. 15, Mr. Trump acquiesced to an Oval Office meeting with Mr. Lindell, who arrived with two sets of documents.

Persons: Donald J, Trump, Joseph R, Biden, Justin Clark, Rudolph W, Giuliani, Clark, Weeks, Mitch McConnell, McConnell, Jared Kushner, McConnell’s, Biden’s, William P, Barr, Mr, Trump’s, Sidney Powell, Lin Wood, sleuths, MyPillow, Mike Lindell, Patrick Byrne, Stephen K, Bannon, Michael T, Flynn, platformed, Jared Taylor, Enrique Tarrio, Doug Mills, Eric, “ We’re, ”, Fox, Eric Trump, Newt Gingrich, Joe Biden’s, Kevin McCarthy, Laura Ingraham, Obama, Dennis Montgomery, Thomas McInerney, McInerney, John McCain, Bannon’s, “ it’s, Paul Gosar, Doug Ducey, Roy Blunt of, Roy Blunt, Anna Moneymaker, —, “, ” Mr, Mark Meadows, Josh Holmes, Kushner, — Mr, Mitt Romney, Lisa Murkowski, Lindsey Graham, Sean Hannity, Lindsey Graham of, Sean Hannity’s, — I’ve, Let’s, Graham, Pat A, Axios, Brendan Smialowski, “ Hannity, Thomas, Jenna Ellis, Matt Morgan, Al Gore, George W, Bush, Brooks, Stefan Passantino, Powell, Lynsey Weatherspoon, Gore, William H, Rehnquist, Giuliani —, Kris Kobach, Mark Martin, Lawrence Joseph, Kobach, Uncle Sam, Mr . Biden, Ken Paxton, Jeffrey M, Landry, Paxton, Kyle D, Hawkins, Jacquelyn Martin, Joseph, Richard L, Chris Carr, Carr, Mike Johnson of, Mike Johnson, McCarthy, Privately, Ted Cruz of, John Sauer, ’, ” James E, Nicolai, North, Wayne Stenehjem, Stenehjem, Wayne, Tasos Katopodis, MAGA, Marjorie Taylor Greene, Marsha Blackburn of, Ms, Blackburn, Amy Kremer, Ann Stone, Roger Stone, Amy Coney Barrett, Kremer’s, Kylie Jane Kremer, Jennifer Lawrence, Dustin Stockton, Lawrence, Stockton, I’ve, Lindell, they’d, Taylor, Greg Locke, Covid, Michael McKinney, Tucker Carlson, Carlson’s, “ Donald Trump, ” Ms, Meadows, Georgia runoffs, Byrne, Cipollone, he’d, Martin, Mike Pence, reconvene, ” Kylie Kremer, James Yeager, Kylie Kremer, Yeager’s, Lawrence whooped, John Kennedy, James Lyle, Josh Hawley, “ You’ve, Lyle, Couy Griffin, Kennedy, Pete Marovich, Kremer, Julie Jenkins Fancelli, Alex Jones, Caroline Wren, Kimberly Guilfoyle, Donald Trump Jr, Katrina Pierson, Brad Raffensperger, Jeffrey A, Rosen, Department’s, Jeffrey Clark, Scott Perry, Hawley, Cruz, Year’s, Tom Cotton of, Cotton, Cindy Chafian, Chafian, Jones, Stone, Locke, Jan, “ You’ll, Gosar, Griffin, Robert O’Brien, I’m, ’ ”, Kenny Holston, Donald Trump, ” Mark Walker, Ben Margot, Stefani Reynolds, Samuel Corum, Erin Schaff, David J, Ted Cruz, John Bazemore Organizations: Twitter, Dominion Systems, Trump, Biden, Dominion, New, New York City, The New York Times, Senate, New York, Republican Party, Capitol, White, Times, The Times, America News Network, Fox, America, Boys, New York Times, American, Air Force, Electoral College, Republicans, Joe Biden’s Democratic Party, Republican, Facebook, Democrats, Associated Press, “ Fox & Friends, White House, West Wing, “, Federal Bureau of Investigation, Veritas, Justice Department, Postal Service, York Daily, Agence France, Zignal Labs, Amistad, Thomas More Society, Mr, Electoral, Supreme, Lawyers, General Association, Associated, State, University of California, Republican House, Women, Tea Party, Trump -, Breitbart, of, Credit, SPAN, Tea Party Express, Republican National Committee, Internet, Army, Des Moines Register, Marine, General Services Administration, Swedish, Cowboys, Capitol ., Street Journal, Save, General Association ., Law Defense Fund, Freedom, Coalition, Proud Boys, Willard, Homeland Security, Party, Getty, Georgia Electoral College Locations: Detroit, Arizona, Georgia, New York, America, China, Trump, Grand Rapids, Mich, Philadelphia, Atlanta, Milwaukee, Santa Cruz ,, Arizona —, Russia, North Vietnam, United States, Roy Blunt of Missouri, Kentucky, Utah, Alaska, Lindsey Graham of South Carolina, Erie, Pa, Pennsylvania, Long, Bush, Florida, tightest, Kansas, North Carolina, Ken Paxton of Texas, Texas, State of Texas, Michigan, Wisconsin, Irvine, Mike Johnson of Louisiana, Ted Cruz of Texas, Missouri, Washington, Marsha Blackburn of Tennessee, Trump’s, Hudson, Stockton, Tennessee, Des Moines, Meadows, White, fistfights, Nashville, West Monroe, La, Louisiana, drumbeating, Tom Cotton of Arkansas, Delaware

☆ Opinion | John Roberts Throws a Curveball
▼ + stars: | 2023-06-08 | by ( Richard L. Hasen | ) www.nytimes.com time to read: +2 min

It’s possible that he had a change of heart, but it’s more likely that his institutionalist side kicked in. But as recently as last year, when Alabama sought a stay before the 2022 elections of the lower-court ruling the court just affirmed, Chief Justice Roberts suggested rethinking or tinkering with those precedents even as he opposed the stay. Since Congress passed the Voting Rights Act in 1965 and amended it in 1982, the Supreme Court has repeatedly weighed in on its scope and meaning. By 2013, however, the court held that Congress no longer had the power to require federal preapproval of voting changes. In Shelby County, Chief Justice Roberts declared that “history did not end in 1965” and that considerable improvement in the South made continued federal oversight unconstitutional.

Persons: Milligan, Justice Roberts, Kavanaugh, Justice Kavanaugh Organizations: Alabama, Supreme, statehouses Locations: Shelby County

☆ Arizona early voting marred by ballot box intimidation. Courts needs to intervene.
▼ + stars: | 2022-11-01 | by ( Richard L. Hasen | Richard L. Hasen Is Professor At Ucla School Of Law | Where He Directs Its Safeguarding Democracy Project. He Is An Nbc News Msnbc Election Law Analyst. | ) www.nbcnews.com time to read: +9 min

First Amendment rights do not extend to threats of violence and voter intimidation. A great deal of the attention has been on ballot drop boxes. There has been no indication of any widespread fraud through the use of ballot drop boxes. Nonetheless, conspiracy theories about the drop boxes have continued to circulate, fueled in part by a widely debunked film by Dinesh D’Souza, “2000 Mules,” which uses false and unproven claims to try to show drop boxes being used for fraud. Reporting by NBC News shows that ballot drop box conspiracies have flooded Trump’s social media website, Truth Social, and that has led to organizing on the ground, including in places like Arizona.

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