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The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley - Posted on October 18, 2016, 1:00 am

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

If Trump Never Concedes ...

Edward B. Foley - Posted on October 14, 2016, 1:00 am

Chris Cillizza of the Washington Post's Fix observes that the escalation of Trump's rhetoric suggests that he's unlikely to concede defeat no matter what the results of the election show.  I've been thinking about this possibility over the last several days.

Hurricanes and Voting Rights

Edward B. Foley - Posted on October 10, 2016, 7:00 am

In response to Howard's request, I hopefully will weigh in more deeply on the constitutional analysis when I get a chance.  Meanwhile bottom line: it's complicated.  There is deep conceptual uncertainty about the nature of the Anderson-Burdick balancing test, on which much of the Supreme Court's analysis of election regulations relies.  

When Should Early Voting Begin?: Lessons from the Current State of Distress over the Trump Campaign

Steven F. Huefner - Posted on October 8, 2016, 7:27 pm

GOP repudiation of Trump before 11/8? If so, then what?

- Posted on October 7, 2016, 7:00 am

As I write this on Friday night October 7, there is renewed talk of GOP leadership disavowing Trump.  True, Trump will still be on the ballot that we citizens cast.  But suppose the GOP leadership publicly announces that it will ask GOP electors, when they meet and vote on 12/19, to cast their presidential vote for Pence.  Then some GOP-leaning superPACs spend a lot money before 11/8 informing voters of this plan.  


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