Law and democracy

In the news

A Long-Shot Push to Bar Trump in 2024 as an ‘Insurrectionist’,” N.Y. Times, Sept. 7, 2022

Opening argument in constitutional challenge to candidacy of Rep. Marjorie Taylor Greene, C-SPAN, Apr. 22, 2022

What Marjorie Taylor Greene will be asked when she testifies under oath,” MSNBC (appearance on All In with Chris Hayes, guest host Ayman Mohyeldin), Apr. 20, 2022

“Ron Fein: Madison Cawthorn is Disqualified for Future Public Office,” CNN (appearance on New Day with Brianna Keilar), Feb. 10, 2022

New legal case may threaten Rep. Cawthorn’s reelection bid,” CNN (appearance on Erin Burnett Out Front), Jan. 27, 2022

Cawthorn Challenge Raises the Question: Who Is an ʻInsurrectionistʼ?,” N.Y. Times, Jan. 25, 2022

How Jan. 6 Gave the 14th Amendment New Life,” N.Y. Times, Jan. 19, 2022

The Case for Barring Madison Cawthorn from the Ballot,” CNN (appearance on CNN Newsroom with Victor Blackwell & Alisyn Camerota), Jan. 14, 2022

Books and book chapters

Fixing the Supreme Court’s Mistake: The Case for the Twenty-Eighth Amendment,” in Democracy by the People: Reforming Campaign Finance in America (Eugene Mazo & Timothy Kuhner, eds., Cambridge Univ. Press 2019)

The Constitution Demands It: The Case for the Impeachment of Donald Trump (with John Bonifaz & Ben Clements) (Melville House Publishing 2018)

Op-eds

No conviction needed to bar Trump from the ballot,” CommonWealth Magazine, Aug. 22, 2022 (with Ben Clements)

Voting Rights Under Threat,” BillMoyers.com, Mar. 18, 2021 (with John Bonifaz & Ben Clements)

An obscure Alaska court case could end super PACs and reshape our democracy,” Business Insider, Feb. 14, 2021 (with John Bonifaz & Ben Clements)

Impeach Trump again—and bar him from future office,” Boston Globe, Jan. 5, 2021 (with John Bonifaz & Ben Clements)

The public has a right to hear Stormy Daniels, Mr. President,” Wash. Post, Mar. 23, 2018 (with Laurence Tribe)

Equifax deserves the corporate death penalty,” WIRED, Oct. 20, 2017

Donald Trump Abused Pardon Power When He Freed Joe Arpaio,” TIME, Oct. 3, 2017 (with John Dean)

Time to dissolve the Trump Organization: New York courts have the power to shut the corporation down,” N.Y. Daily News, Mar. 14, 2017

How Apple Could Best the FBI,” U.S. News & World Report, Feb. 22, 2016

Goldwater would have hated Citizens United,” Wash. Post, Oct. 15, 2014

Cases

In re challenge to constitutional qualifications of Representative Marjorie Taylor Greene, a candidate eligibility challenge under the Fourteenth Amendment’s Insurrectionist Disqualification Clause (first case to compel a U.S. Representative to testify under oath about their involvement in January 6, 2021)

In re challenge to constitutional qualifications of Representative Madison Cawthorn, a candidate eligibility challenge under the Fourteenth Amendment’s Insurrectionist Disqualification Clause (first such challenge since Reconstruction)

Lieu v. Federal Election Commission, a constitutional challenge to the lower court decision that created super PACs (with Stanford Supreme Court Litigation Clinic, Laurence Tribe, Albert Alschuler, Richard Painter, and others) (read the petition for certiorari)

CAIR-Minnesota v. Atlas Aegis, a challenge to private voter intimidation under the Voting Rights Act of 1965 that was only the third case in the act’s history to yield injunctive relief for the plaintiffs, and the first in the act’s history to result in a post-election consent decree following a pre-election injunction

Mi Familia Vota v. Trump, a challenge to voter intimidation by the president of the United States under the Voting Rights Act of 1965

Amicus brief in Williams-Yulee v. Florida Bar (constitutional case involving anti-solicitation rule for judicial candidates) (2014)

Amicus brief in Conestoga Wood Specialties v. Sebelius (constitutional companion case to Hobby Lobby) (2014)

See Free Speech For People or my LinkedIn page for more.