How to Prevent Republican State Legislatures from Stealing the Election

AUSTIN SARAT, DANIEL B. EDELMAN

Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman explain the important role of Democratic governors in preventing Republican state legislatures from stealing the election. Sarat and Edelman describe a “nightmare scenario” in which Republican legislatures may try to strip the electoral votes of Pennsylvania, Wisconsin, Michigan, Georgia, Arizona, and Nevada, leaving Biden with 232 electoral votes compared to Trump’s 306. The authors call upon the governors of those states to defend the integrity of their states’ election results, insist that there have been no “election failures,” and, if necessary, submit to Congress their own elector lists.

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Bison Interests, LLC, v. Antero Resources Corp.

Docket: 19-0527

Opinion Date: November 10, 2020

Judge: Margaret L. Workman

Areas of Law: Energy, Oil & Gas Law, Real Estate & Property Law

The Supreme Court reversed the order of the circuit court granting summary judgment for Antero Resources Corp. and declaring that Bison Interests, LLC was entitled to no overriding royalty interest in the Marcellus shale formation underlying certain gas wells, holding that the declaratory judgment sought by Antero was barred by the doctrines of res judicata and judicial estoppel. The circuit court found Antero's action was barred neither by res judicata nor collateral estoppel because the issue of Bison's entitlement to an overriding royalty in the Marcellus shale production had not been finally adjudicated in prior litigation. The court further found that Antero was not judicially estopped from bringing its claim. The Supreme Court reversed, holding (1) Antero's action for declaratory relief was barred by the doctrine of res judicata; and (2) Antero's action was similarly, and independently, barred by the doctrine of judicial estoppel.