If you can, I recommend becoming a member at @democracydocket. You get members only newsletters from @marcelias. Here are some of Marc’s comments from today. “Each month I have tried to present a clear picture of what happened in the month before and how it will impact the month ahead. … But this month is different. We stand now at a crossroads, just days before an election that will upend everything that has come before it.“ 1/
More words from @marcelias: “Like everyone else, I’ll be glued to the TV on election night as results come in. But on Nov. 6, the post-election period will officially begin and I expect the calendar to fill up quickly. November 2020 was the most litigated month of the year, and given this year’s track record, I would venture to guess November 2024 will be even busier.” 5/
“Normally, courts don’t have deadlines for when they must issue decisions. Of course, lawyers will request that courts respond by a certain date, but judges can do what they want and there is nothing binding them to a specific deadline. Election litigation is the exception and state courts have already said they will fast track these lawsuits.” — Marc Elias 6/
A p.s. from me: The need for the Harris campaign and other Democratic groups to spring into action in the courts in the days following Nov. 5 is one reason I have kept open our Mastodon for Harris fundraiser. There will likely be massive legal expenses for Harris for President. 7/7
“[A] few trends worth noting to prepare for Nov. 5[:] No matter what happens, this has already been the most litigated election in American history. This year alone, nearly 200 lawsuits have already been filed in 40 states.
In 2020 Republicans and their allies were largely playing defense in court prior to the election. This cycle, they tried to flip the script by filing over 148 anti-voting lawsuits.“ — Marc Elias 2/
“Equally important, however, has been the result of those cases. To be blunt, the GOP has learned that while it is easy to file a lawsuit, it is difficult to win one. Their losses have been staggering. In the month of October alone, the Republican Party lost 20 lawsuits.” — Marc Elias 3/