ABA Journal

Election Law

955 ABA Journal Election Law articles.

Afternoon Briefs: Supreme Court rules for religion; Ramsey Clark dies at 93

SCOTUS blocks restrictions on religious meetings at homes during pandemic

The U.S. Supreme Court blocked California’s restrictions on religious meetings at homes during the COVID-19 crisis in a 5-4 vote…

Afternoon Briefs: Slower-paying law students wait-listed; ‘tiger mom’ law prof back in the news

Law school wait-lists students who finished late in deposit race

The University of Notre Dame’s law school is facing criticism for putting pressure on would-be law students to make their…

Breyer says expanding Supreme Court could erode trust, proponents should ‘think long and hard’

U.S. Supreme Court Justice Stephen G. Breyer said Tuesday proponents of expanding or changing the structure of the U.S. Supreme Court should “think long and hard before embodying those changes in law.”

What is a lawyer’s ethical duty to check out a client’s claim before filing an action?

When a lawyer files an action based on an unfounded legal theory, he or she could be subject to sanctions or disciplinary action ranging up to disbarment. Experts say lawyers have a duty to investigate whether their clients’ accusations have support or are without merit.

Afternoon Briefs: Georgia voting restrictions challenged; judge charged with terroristic threats

News Roundup

Election lawyer sanctioned $10K; judge says she ‘bamboozled’ voters who didn’t realize they were plaintiffs

A Minnesota judge said Friday he would impose a $10,000 sanction on an election lawyer who “bamboozled” voters into becoming plaintiffs.

Georgia governor signs bill overhauling state’s elections

Georgia Republican Gov. Brian Kemp signed sweeping voting restrictions into law on Thursday, just months after a Democrat won the presidential election in the state for the first time in nearly 30 years.

Law gives Congress more authority in vote count than Constitution allows, op-ed says

Rioters who stormed the U.S. Capitol on Jan. 6 were acting on the mistaken belief that Congress had the power to determine the winner of the presidential election, a belief that was rooted in a law passed in 1887, according to a March 18 op-ed.

Sidney Powell lawyers argue no reasonable person would have accepted her stolen election claims as fact

Lawyers representing pro-Trump lawyer Sidney Powell are seeking dismissal of a defamation lawsuit by arguing that her comments about rigged voting machines are constitutionally protected political speech that no reasonable person would think are statements of fact.

Biden DOJ outpaces Trump DOJ for reversing US position in pending Supreme Court cases

The Biden administration’s Department of Justice has changed positions in at least five cases before the U.S. Supreme Court, putting it on track to outpace reversals during the first full Supreme Court term under former President Donald Trump.

Afternoon Briefs: ACLU wants lawyer’s libel lawsuit tossed; Dershowitz gives limited advice in MyPillow CEO suit

ACLU seeks dismissal of lawyer’s libel suit

The Georgia Supreme Court has agreed to consider whether a lawyer’s libel lawsuit against the American Civil Liberties Union may go to trial.…

Judge accuses Arizona GOP of ‘gaslighting’ him, orders $18K payment for ‘flimsy excuses for a lawsuit’

An Arizona judge has ordered the Arizona Republican Party and its lawyers to pay more than $18,000 in attorney fees for filing a “groundless” lawsuit seeking a hand count audit of votes in the 2020 presidential election that differed from the method established by the secretary of state.

5th Circuit sanctions Marc Elias and other Perkins Coie lawyers for ‘redundant and misleading’ motion

A federal appeals court has sanctioned Perkins Coie attorneys who represent Democratic groups for a “redundant and misleading” motion in election litigation.

Afternoon Briefs: Garland confirmed as attorney general; lawyer charged in Capitol riot ready for steak dinner

Garland is confirmed as US attorney general

The U.S. Senate on Wednesday confirmed Judge Merrick Garland as the next U.S. attorney general by a 70-30 vote. Garland, a judge on…

Afternoon Briefs: Lawyer gives frank reply to Justice Barrett; new site has law school scholarship information

GOP lawyer gives candid answer to Justice Barrett

A lawyer for the Arizona Republican Party gave a frank answer in oral arguments Tuesday when Justice Amy Coney Barrett asked…

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