Thread with a few observations about today’s oral argument at SCOTUS in Trump v. Barbara, the birthright citizenship case...

Presidents have no power to administer elections, but unconstitutional EOs can still intimidate local election officials. Always read Rick.

My statement for Cato about President Trump's attempt to impose rules of his own invention on mail-in voting.

My new one @slate.com on Trump's new mail balloting executive order: Sometimes it's the chaos, not the cruelty, that's the point. slate.com/news-and-pol...

“Gov. Ron DeSantis signs Florida’s version of the SAVE Act” electionlawblog.org?p=155215

Some new related polling -- CNN finds Trump’s approval is HIGHEST on voting/elections, meaning that he’s holding together his base on election denial even as he loses support on the economy and foreign policy.

The Chaos Is the Point politicalwire.com/2026/04/01/t...

My colleague Stephen Richer, former Maricopa County Recorder, has some reactions to Trump's new mail voting E.O. from the standpoint of an experienced administrator in Arizona, a state whose permitted vote-by-mail timeline Trump seems to imagine he can block.

“Sow chaos…depress turnout.”

I have a few people in mind already writing it up...

In case you are tuning out of the birthright citizenship argument that's a sure loser for Donald Trump, tune back into what Trump was really up to yesterday with his mail balloting executive order...

To be fair, Wurman would not argue the 22nd Amendment is unconstitutional. He would argue that it means that a President cannot run for three *consecutive* terms.

Sounds like President Trump left the oral argument at the end of Solicitor General Sauer's presentation.

"We will look back at Donald Trump’s presidency as years where the concept of election integrity got turned on its head. In the name of protecting democracy, Trump is breaking democracy. The damage could last a generation, even if the shelf life of his new executive order might be measured in days."

Don't get me wrong: I'm relieved that this case is shaping up as either 8-1 or 7-2 against the Trump executive order. But the case is a gift to the Supreme Court. By rejecting an outlandish position, it will earn credibility as apolitical, even as the Overton window moves far to the right.

My new one @slate.com on Trump's new mail balloting executive order: Sometimes it's the chaos, not the cruelty, that's the point. slate.com/news-and-pol...

All the April Fools action will be at SCOTUS , don't worry

“Judge Blocks Deal Allowing Churches to Endorse Political Candidates” electionlawblog.org?p=155200

Tune in NOW www.youtube.com/watch?v=2EN2...

The Trump Draft EO is Even Weaker Than It Appears, Not Explaining the Relationship Between Federal and State Voter Lists and Bound to Cause a Great Deal of Confusion if Implemented electionlawblog.org?p=155196

Breaking: President Trump Signs New Executive Order on Elections: It is Underwhelming Compared to What Was Threatened. It’s Key Part is Likely Unconstitutional: Directing the Post Office to Reject Mail Ballots Except from Those on Federally Approved Voter Lists electionlawblog.org?p=155187

Helpful summary / analysis of Trump's latest election-related executive order, this time attempting to restrict postal delivery of ballots to voters on a DHS-compiled list of citizens, by @rickhasen.bsky.social Tl;dr: don't panic, for reasons both legal and practical. electionlawblog.org?p=155187

“He is also trying to exert power over USPS, the same way in the last EO when he purported to direct an independent federal agency to enact new rules… [on] documentary proof of citizenship. That effort was blocked by the courts, and I don’t expect this one to be successful either.”

Instead of reading coverage of Trump’s new executive order on mail voting that just repeats his words as though it’s obviously now law and what is going to happen, check out @rickhasen.bsky.social electionlawblog.org?p=155187

Great analysis from @rickhasen.bsky.social here: electionlawblog.org

Now updated with my thoughts

Breaking: President Trump Signs New Executive Order on Elections: It is Underwhelming Compared to What Was Threatened. It’s Key Part is Likely Unconstitutional: Directing the Post Office to Reject Mail Ballots Except from Those on Federally Approved Voter Lists electionlawblog.org?p=155187

From the last time....

Let me read the damn thing first please.

👍

Watch Archived Video of Safeguarding Democracy Project Webinar: “Myths and Facts about Contesting the 2026 Midterm Elections” electionlawblog.org?p=155184

Before we jump to any conclusions...if the last part of this tweet is accurate, the penalty for not curtailing mail ballots is potential loss of funding. If it's election funding it's tiny, and this is a paper tiger.

Otherwise known as Tuesday (and this, before the rumored new Trump executive order purporting to limit state use of mail ballots).

!

Again, the GOP case is that Dem fraud is widespread but GOP lawyers and consultants are so incompetent that they can never find evidence.

Senator Mark Warner: “Trump Is Trying to Override Our Voting System” electionlawblog.org?p=155179

It's official. @theatlantic.com is the new @washingtonpost.com

“The Unlikely Ensemble Leading Trump’s Hunt for 2020 Election Fraud” electionlawblog.org?p=155177

“Eastman disbarment might be ordered Wednesday” electionlawblog.org?p=155175

“The Trump-voting pastor Democrats think could cost them a chance at a Nebraska Senate seat” electionlawblog.org?p=155171

“How local GOP officials are embracing Trump’s tactics to hunt for voter fraud” electionlawblog.org?p=155173

“Riverside County Sheriff Chad Bianco halts election fraud probe as legal challenges mount” electionlawblog.org?p=155169

FSU Election Law Conference in DC, April 16-17 electionlawblog.org?p=155167

Seriously, mazal tov!

NYC

Important UCLA Safeguarding Democracy Project Webinar Tuesday March 31 with Foley, Green, and Muller on “Myths and Facts About Contesting the 2026 Midterms Elections” electionlawblog.org?p=155165 @law.ucla.edu

A Big Thank You to Rebecca Green electionlawblog.org?p=155159

“New Political Group to Push Trump’s A.I. Agenda in Midterms” electionlawblog.org?p=155161

“How an election conspiracy theorist has Trump’s ear on voting laws and midterms” electionlawblog.org?p=155163

Great to be back in beautiful Studio City