2020 presidential election

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Cases containing electoral votes are opened during a joint session of Congress after the session resumed following protests at the US Capitol in Washington, DC, early on January 7, 2021

The Constitutional Case for Impeaching Donald Trump (Again)

We are, it seems, hurtling toward impeaching Donald J. Trump for a second time in thirteen months. It is entirely right that he should be impeached again, but in the whirl of the…
Statues in front of the US capitol building. Behind the statues, flags at the US Capitol fly at half-mast to honor US Capitol Police Officer Brian Sicknick, on January 8, 2021, in Washington, DC. Sicknick died from injuries sustained during the attempted coup on January 6th.

Q&A with Steve Vladeck and Rolf Mowatt Larssen on Democracy, Insurrection, and Where We Go From Here

In the aftermath of the certification of Biden’s victory and the insurrection at the Capitol, a discussion about how institutions and norms withstood the assault and what weaknesses…
US Capitol police officers speak with supporters of US President Donald Trump inside the Capitol on January 6, 2021, in Washington, DC.

The Attack on the Capitol: Why It’s Not a Surprise

The Trump-inspired mob who launched an unprecedented siege of the Capitol is a permanent stain on American democracy. What’s worse, it was not unexpected.
Legal blind justice Themis metal statue with scales on chains

Judges Doing What Judges Do: A Unified Theory of the 2020 Election Season

Dozens of judges, from all political persuasions, uniformly rejected the extravagant claims of President Donald Trump to set aside the presidential election results, or to compel…

Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition

In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Members of the Proud Boys kick an anti-fascist protestor on the ground during a protest on December 12, 2020 in Washington, DC. Additional white supremacists stand around watching.

Risk of Election-Related Violence Remains, Here’s What Could Reduce It

Six weeks after the election, the United States still faces an elevated risk of political violence despite the Electoral College certifying the result and the courts upholding…
A jacket is draped over an empty chair at a desk with a gavel and lamp. A flag stands in a corner.

The System Is Not Working: The Lopsided Election Result, Not The Courts, Saved Our Democracy

The president’s post-election litigation has crashed and burned, but it has reinforced the pernicious idea, born from Bush v. Gore, that it is appropriate for courts to step…
The white supremacist group, the Proud Boys, rally against the results of the U.S. Presidential election outside the Georgia State Capitol on November 18, 2020 in Atlanta, Georgia. They do not wear face masks, and one wears a MAGA hat. A person appearing to be a sheriff or police office speaks with their leader, Enrique Tarrio, who wears a bullet proof vest.

Could America’s Electoral Process Foment Political Violence?

Scholars of political violence and regime transition caution that there is potential for further escalation of non-state violence in America because, while Election Day passed…
A truck displays posters against the "False Positives in Colombia", extrajudicial executions during the Democratic Security program of the Alvaro Uribe government during a protest on August 06, 2020 in Bogota, Colombia.

US-Opposed Probe of Colombia’s Uribe Is Essential Step in Road to Peace

Uribe was released under pressure last month, but attempts to thwart transitional justice will only undermine efforts to sustain the 2016 peace agreement.
Stack Of Law Books In Front Of Scales Of Justice

Trump Has a “Right to Pursue Legal Challenges” to Election, But Not Without the Facts

Author of book on civil procedure discusses the Trump Campaign litigation to date, and Rule 11 sanctions for filing frivolous lawsuits.
Democratic presidential candidate and former U.S. Vice President Joe Biden delivers remarks about White Nationalism during a campaign press conference on August 7, 2019 in Burlington, Iowa.

A Letter to President-Elect Biden on Restoring Relations with the Intelligence Community

A letter to President-elect Biden on key actions that should be implemented immediately—within days even — after taking office on Jan. 20, 2021.
Customers watch a speech by U.S. President Donald Trump on a television during an election watching event at a local bar on November 4, 2020 in Beijing, China.

Trump’s 2020 Election Reality Show

It will be important for rule-of-law advocates to understand the perennial appeal of myth, and the motives of those who reject democracy and prefer a form of autocracy.
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