The Safe Harbor Deadline

Advisory Opinions

U.S. federal law’s “safe harbor deadline” means that most presidential election law cases will be resolved by tomorrow, December 8. Today, David and Sarah discuss what’s next for Trump loyalists who have an unshakable belief that the election was stolen. Stay tuned for a conversation about changes to the citizenship test, a 9th Circuit transgender bathroom case where cert was denied, parental and student rights in public education, and why so many conservative lawyers don’t buy the Trump campaign’s legal strategy.

Show Notes:

-U.S. code on meeting and voting of electors, determination of controversy as to appointment of electors, and counting electoral votes in Congress.

-“Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management” by Edward Foley in the Loyola University Chicago Law Journal.

-“The ‘Safe Harbor’ Deadline Is upon Us” by Jim Geraghty in National Review.

-Parents for Privacy v. Barr.

-“Why Do So Many Americans Think the Election Was Stolen?” by Ross Douthat in the New York Times.

-Brown v. Hot, Sexy and Safer Productions, Inc.

-“Coronavirus: When a High-Trust Response Is Required in a Low-Trust Time” by David French in The Dispatch.

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