The Coronavirus and the Election: Trump’s Fateful Decisions Are Shocking and Disqualifying

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.

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Election Day 2020: A Good Day to End the GOP’s War on Women

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman describes the myriad ways the Trump administration has harmed the interests of women and expresses hope that the outcome of the 2020 Presidential Election will mark the end of the GOP’s war on women. Grossman notes that if Biden and the Democrats win the White House and Congress, they will have not only the opportunity but the obligation to restore what the modern GOP has destroyed.

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States of Anxiety: Will Federalism Save Democracy in America?

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why federalism—the autonomy of the states in our country—has been a significant barrier to many of the authoritarian projects Trump has advanced or considered. Falvy argues that the same autonomy should prevent Trump from manipulating the election results decisively in his own favor.

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Eason v. State

Docket: A19-1664

Opinion Date: October 28, 2020

Judge: Chutich

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court denying Appellant's request for counsel and his pro se petition for post conviction relief, holding that the district court did not abuse its discretion. Appellant was found guilty of first-degree intentional felony murder. Appellant later filed a pro se petition for postconviction relief and requested appointment of counsel, alleging error in the jury instructions, abuse of prosecutorial discretion, and ineffective assistance of counsel. After a hearing, the district court denied relief. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in denying Appellant's postconviction claim that the judge who presided over his trial committed reversible error by not instructing the jury on the lesser-included offense of second-degree unintentional felony murder; (2) the district court did not err in rejecting Appellant's claim of abuse of prosecutorial discretion; and (3) Appellant's claim of ineffective assistance of counsel failed under the first Strickland prong.

DSCC v. Simon

Docket: A20-1017

Opinion Date: October 28, 2020

Judge: Lorie Skjerven Gildea

Areas of Law: Election Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court temporarily enjoining the Secretary of State from taking steps to enforce or require compliance with voter-assistance and ballot-collection limits, holding that the district court correctly found that a likelihood of success on the merits was shown on the claim that the voter-assistance limit in Minn. Stat. 204C.15, subd. 1, for ballot marking, was preempted but otherwise erred. At issue was the limits in Minnesota Statutes on the number of voters that an individual may assist in marking a ballot and the number of completed absentee ballots the an individual may collect and deliver. In a complaint, two Democratic committees brought a number of challenges to the limits. The district court concluded that the Democratic committees were likely to succeed on the merits of the claims and had demonstrated that a temporary injunction was warranted. The Supreme Court affirmed the district court's decision on the preemption claim as to the limit on the number of voters that may be assisted in marking a ballot but otherwise reversed, holding that the district court abused its discretion in finding that a likelihood of success on the merits was shown on Plaintiffs' remaining claims.