Justin Levitt

Shorter 9th Cir. on CA voting case: 2 judges: this DOJ can't litigate its way out of a paper bag 1 of those 2: federal law also says the DOJ loses other 1 of those 2: DOJ sandbagging also isn't OK other judge: DOJ is all-knowing and truthful and we should bend to its whim* *[this view lost]

if only there had been a way to predict this might happen based on nearly every midterm election cycle in modern american political history

The 2016-17 Cleveland Browns set a record for the worst NFL team in history. They were not what one might call especially "formidable." And their record was _better_ than DOJ's recent record in court on election issues. The Browns, at least, won one game in there.

I’m not a political journalist, so was gladly surprised at the community I found here last night. To Americans anxious about the upcoming elections, a key thing we learned in Brazil that might help you: DO NOT engage with the far-right online. Don’t share rage bait. Amplify your people. Ignore them.

275/ The meatball's looking a little chunky here. No, no, the other one. #ajax #dogsky

And more on the California and Alaska disputes, this time from @justinlevitt.bsky.social: Congress never gave DOJ the power to sue in these cases, nor does the Constitution, and an attempt to craft some sort of implied public right of action will fail as well.

www.redbubble.com/i/art-board-...

274/ [David Attenborough voice] deep within the savannah, the stealthy hunter lies in the tall grass, patiently waiting for just a bit of separation from the pack

No fatalism please. A victory agaibst the odds over an authoritarian.

Still true. Even when it's the DOJ filing the papers.

@rickhasen.bsky.social was posting up a storm on why DOJ's Alaska and California cases are hot garbage (my words, not his), so I thought I'd join him in the pool. C'mon in! The water's fine.

Just as a private equity firm buys out a corporation and strips it for parts, a consultant class is raiding the Democratic Party and getting “generationally wealthy” along the way New from me and @adambonica.bsky.social newrepublic.com/article/2163...

All this time I never knew Clinton in 2000 could have directed DOJ to sue to make sure Florida election officials in Broward county were allowed to question voters on if they were confused by the ballot design when they voted for Buchanan.

273/ The dogsitter sent this. It's outrageous. This dog likes his people just fine, but from a distance. He cuddled _once_ on the couch (see 9/8/26). Once. Ever. He'd tolerate us nuzzling him. Belly rubs, OK. But him cuddling up? Out of the question. And then, we get this. #ajax #dogsky

A lot of dictatorships try to make these kind of arrangements when things go south. Important to remember there are other kinds of criminal, civil and reputational accountability pardons can’t touch. And if you’re pardoned you have no 5th amendment rights.

Derek Muller, not one for hyperbole, on DOJ's frivolous Alaska lawsuit, whose legal argument he calls "one of the worst I've ever seen." electionlawblog.org/2026/citing-...

It’s important to remember that the Men in Black was an independent agency and wouldn’t be constitutional under current Supreme Court precedent. The Constitution is not a suicide pact.

Two things are true: 1. The gerrymanders won’t work as well as intended. They’re seawalls to keep back normal partisan tides, and a tsunami of turnout comes right over the top of that seawall. 2. #1 isn’t a reason to forego taking away the keys.

Even at the time I said that Republican gerrymanders were not enough, and may even backfire. The doomsayers overstated the effects by using the 2024 election as the baseline, which was and is silly. 2024 is probably the absolute best Republicans can do

we gotta figure out a better way to write headlines about this thing that cannot and will not happen

Anybody want to build a bot that automatically converts DOJ filings / letters / press releases to Comic Sans? It's apparently confusing for people to evaluate the recent spate of nonsense appropriately in Times New Roman.

The Orange County Registrar of Voter (OCROV), led by Bob Page (who had to undergo a full on baseless inquisition by our HB city council), is the gold standard for not just our state, nor our country, but for other countries as well in that they come in and ask “how do we keep our elections secure?”

272/ And now it's gorgeous again. "Seasons." #ajax #dogsky

Probably the funniest take on the Alaskan DOJ lawsuit I've read so far: "Upshot: you should take this lawsuit as seriously as you would a note written in all caps on the back of a Burger King placemat saying 'DO NOT CERTIFY.'" - @justinlevitt.bsky.social Context: alaskapublic.org/news/politic...

I’ve known Judge Carter since the mid-80s. A fine, principled man and jurist. An apt description of his response. He doesn’t suffer fools.

The DOJ can't just wishcast what it wants into existence. The president and the AG don't seat members of Congress, and they don't administer state elections. These mythical powers to "block certification" or "cancel the election" are not real. Blanche is selling fantasy to his boss.

I don't know if Julie Hamill (the AUSA here) has ever had the pleasure of appearing before Judge Carter. But if the hot-garbage complaint hadn't already ticked him off, his reaction to this nonsense is likely to be excruciating.

And here’s the point I can’t emphasize enough. “Every way they can” is correct. Those ways involve: 1) Communications to try to convince the American people they are all-powerful and American votes don’t matter 2) End of list. If we don’t listen to #1, none of the other options work.

Pete Hegseth, the repulsive degenerate cosplaying as "Secretary of War," wanted the globe of Dwight Eisenhower, a real American war hero, for his office. of course he broke it. www.washingtonpost.com/national-sec...

It’s legitimately hard for me to understand the extent to which people not only believe, but apparently _want_ to believe, that a DOJ that’s gone 0-26 in election litigation is an all-powerful magical entity able to impose its desires at will. The 2016-17 Browns didn’t win the Super Bowl, kids.

Or how about the reporter talk to one semi-knowledgeable lawyer in advance and be ready with the follow-up questions: Oh really what claim are you going to assert? What statute gives you authority to challenge a state election certification? Make him look the dunce he is.

What's the exact process or mechanism they can use to do this? What button can they push that changes the election?

Not having permission and there being any sort of mechanism the administration can pull are two very different things.

Beyond the election tampering hinted at here, it should be a scandal that Blanche doesn't know the parameters of his job.