state governments
25 Articles

Advancing Global Human Rights Locally
"While U.S. states and localities may not enter into binding agreements with other nations or act contrary to federal law or policy according to legal precedent, U.S. states and…

Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States
The missing state and local criminal investigations of 2020’s "false slates of electors." A model for potential criminal prosecutions under Wisconsin state law.

Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory
Unpacking the Supreme Court’s oral argument in Moore v. Harper – implications for democracy if the Justices arrive at a compromise position on the “Independent State Legislature”…

As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory
"In this hugely consequential case, in a highly polarized environment, experts of all stripes and partisan affiliations have now weighed in with roughly the same answer: Giving…

In Weaponizing Asylum Seekers, DeSantis & Abbott Unwittingly Demonstrate the Possibility of Safe Transit Policies for Migrants
Ironically, the governors' actions show that the US could implement policies that better reflect the realities of migration - by treating migrants has human beings rather than…

Was DeSantis Shipping Migrants to Martha’s Vineyard a Crime?
"Our analysis may be a useful guide – for criminal investigators, press, potential whistleblowers or witnesses, the public and other stakeholders."

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform
An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments
Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists
With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…

State and Local Solutions Are Integral to Protect Election Officials and Democracy
Four leading thinkers on U.S. democracy propose concrete steps to protect election officials.

Reestablishing Florida’s State Guard Won’t Give DeSantis a Private Army Free of Federal Control
While Florida Gov. DeSantis' proposal is worrisome as a political matter, it is unlikely to pose the kind of threat his critics fear.

Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic
As governors start reopening their states, what could the White House and federal government do to stop it if the feds wanted to?