Sunday, September 1, 2024

My litigation status update: politics at an inflection point

 


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In 1996, Intel’s CEO Andy Grove wrote a groundbreaking book about business: Only the Paranoid Survive. In it, he coined the term “strategic inflection point” — the point when, in his words, “fundamentals are about to change.”


It certainly feels like this August was just such a point in politics. Donald Trump, who left his convention prematurely confident of a landslide election, spent the entire month politically off balance. Meanwhile Kamala Harris transformed the Democratic Party back to a joyful party of hopeful change, rather than static despair.


Against this new political reality, Republicans doubled down on election denialism and voter suppression. As a new month begins, we are at a strategic inflection point in the fight over the rules of voting, ballot counting and election certification. What happens in court over the next month may well decide who wins the presidency and which party will control Congress. The stakes could not be higher.


One of Grove’s insights was that “strategic change doesn’t just start at the top. It starts with your calendar.” How leaders spend their time matters. A leader’s time is finite and at a strategic inflection point speed matters.


This is even more the case in close elections. Election Day is immovable. There are no extensions. Time litigating one case means less focus on another. The much-maligned Purcell doctrine recognizes that, at some point before the election, the rules of voting need to be finalized. Ballots are printed and election workers are trained.


On this, the first day of September, we stand at a critical strategic inflection point. So, let’s get started.

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My takeaways from last month


Republicans blitz the courts. For months, Republicans and their allies have been on a tear — filing lawsuit after lawsuit aimed at making it harder for you to vote this November and easier for them to cheat…


Key decisions favor voting. Despite their increased activity, Republicans and their allies continue to lose the most important cases…


The appeal of appeals. August was not only an important inflection point in the number of cases being filed, but also…


What I’m watching for


September’s biggest day. If there is a strategic inflection point in September, it will likely be on Sept. 10. That is the date…


Taking the fifth. The 5th Circuit will hold an argument on Sept. 24 in an RNC lawsuit challenging Mississippi’s…


Like New York, redistricting never sleeps. There are two big redistricting arguments set for this month…


SCOTUS is back. On Sept. 30, the U.S. Supreme Court will hold its “long conference,” where the justices will…


What I’m waiting for


No rush in North Carolina. I am waiting on an outstanding decision in a federal lawsuit challenging North Carolina’s strict photo ID requirement. While the court deliberates…


Mail-in ballots in Pennsylvania. While I celebrate the state court win, I am still awaiting decisions from federal courts on the issue of whether…


The GOP’s push to purge. I am waiting on decisions in lawsuits the RNC filed in the battleground states of…

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