Joe Biden has won states worth 306 Electoral College votes, 36 more than the 270 needed to win, and received in excess of 5 million more popular votes than Donald Trump. Yet Trump insists the election was stolen from him and he is the victor. Trump started attacking the election months before it happened. He leveled unsupported charges… Read more »
As masses of people poured into the streets to celebrate the end of Donald Trump’s fascist rule, the lame duck president’s lawyers were filing frivolous lawsuits in an attempt to nullify Joe Biden’s victory. But none of these suits, even if successful, would change the results of the election. Shortly after CNN called the election for Biden,… Read more »
Desperate to distract the national discourse from his criminal mishandling of the coronavirus pandemic, Donald Trump is promising that a vaccine will be available before Election Day. His vaccine campaign is named “Operation Warp Speed” and there is a real danger that its speed will warp the results. Ironically, the Trump administration is comparing this effort… Read more »
During her Supreme Court confirmation hearing before the Senate Judiciary Committee, Amy Coney Barrett refused to say that voter intimidation is illegal, that armed poll watchers are intimidating, that voter discrimination exists, whether the president could deny someone the right to vote based on race or that Congress has a constitutional duty to protect the… Read more »
For months, Donald Trump has been mounting a preemptive strike against the democratic election process. He signals his intent to manipulate — indeed, steal — the presidential election in the event that Joe Biden wins. With no evidence to support him, Trump repeats the mantra “voter fraud” to lay the groundwork for political, legal and… Read more »
When I was sworn in to practice before the Supreme Court in 2007, I sat near the front of the gallery. Ruth Bader Ginsburg, the five-foot-tall justice, was barely visible over the bench behind which she sat. On two occasions, Ginsburg visited the law school where I taught for many years. She graciously created the… Read more »
For nearly four years, we have been laser focused on November 3, 2020, the day that Donald Trump could be voted out of office. In all likelihood, however, the election will not be decided that evening as it has in the past (with the notable exception of the 2000 election). That is because in order to… Read more »
A lawsuit that promises to be one of many was filed on Monday in U.S. District Court in New York to stop Donald Trump’s sabotage of the mail leading up to the presidential election. Mondaire Jones et al. v. U.S. Postal Service, Postmaster General, and Donald Trump was brought by Democratic candidates for national and state congressional… Read more »
Taking a page from Hitler’s Brownshirts, Donald Trump is sending his secret paramilitary forces into U.S. cities to terrorize the population. Ostensibly designed to “restore order” in the wake of massive uprisings against white supremacy and police brutality, this move appears to have a more cynical purpose lurking behind it: Trump’s desire to tar Democrat-led cities… Read more »
Throughout U.S. history, presidents have exploited national emergencies to exceed their constitutional powers. Abraham Lincoln illegally suspended habeas corpus during the Civil War. Franklin D. Roosevelt confined people of Japanese descent in internment camps during World War II. And George W. Bush used his post-9/11 “war on terror” to launch two illegal wars, mount a… Read more »