As ELB readers are aware, President Donald Trump pardoned Rudy Giuliani and others accused of election misconduct in the 2020 presidential election, especially surrounding disputes about slates of ...

Reckoning with the Undead Irreparable Injury Rule, Review of Litigation (forthcoming 2025), draft available, The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law ...

Read the unusual motion from SCOTUS-appointed amicus in the NRSC case to file a supplemental brief on jurisdiction after oral argument.

This week the Washington Post reported that the ultimately successful effort to release the Epstein files started many months ago with a text exchange between Representatives Thomas Massie (Rep.) and ...

New polling from NPR/Marist aligns with much of what we are seeing in other polling: Trump’s approval rating is now below 40% and Democrats appear to have an edge in the midterm. But what is more ...

WSJ: When Harmeet Dhillon, the Justice Department’s top civil-rights attorney, sent a letter this summer telling Texas officials that their congressional map was unconstitutional, it set off a ...

NC Newsline’s the Pulse reports on oral arguments yesterday before a federal three-judge panel in Winston-Salem, NC, with respect to the NAACP and Common Cause’s challenge to the newly drawn ...

Washington Post offers a long profile and striking charts along with a second article that maps who the top 20 most politically influential billionaires are. The thesis and argument are short and ...

Rick Pildes has a characteristically thoughtful post responding to my Slate piece with Matthew Cooke arguing that when the three-judge court assesses whether California voters approved a racial ...

NYT: During President Trump’s first term, he effectively outsourced the task of picking judges to lawyers closely associated with the Federalist Society, a 43-year-old conservative legal group, and ...

I bring all of this up again because of a new article about Machen sent to me by historian Austin Steelman titled: “The Birth of the Dead Constitution: Arthur Machen Jr.’s Early Twentieth-Century ...

Michael Scherer and Ashley Parker at the Atlantic have published an article detailing Trump’s extraordinary and unprecedented fundraising efforts since his win in 2024. Much of the effort is directed ...