Trump’s lawyers argued that the Senate lacked jurisdiction to try the impeachment of a former president, and today that argument failed by a 56-44 vote.  The issue was resolved: the Senate has jurisdiction to try and convict Trump. A question: isn’t this now the “law of the case,” and, thus, a...

  • February 10, 2021

Republicans have done a very good job of framing this next election as automatically going to the courts to potentially pick a winner.   But normally the losing candidate only gets to ask for a recount.  He or she does not have some freestanding right for a court to decide the election....

  • October 2, 2020
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