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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Quirk v. Quirk

Citation: 2020 ME 132

Opinion Date: November 10, 2020

Judge: Connors

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the district court awarding almost $400,000 in this action to enforce a divorce judgment, holding that the trial court's factual findings were supported by competent evidence. In 2018, Frances Quirk filed a motion to enforce her divorce judgment from 1973. Quirk alleged that John Quirk, her ex-husband, was obligated to pay her forty-five dollars weekly in spousal support and owed her $97,875 in arrears. John asserted laches as an affirmative defense. The court awarded Frances spousal support, interest, and attorney fees, finding that John had not made payments since 1977, that Frances had not pursued the payments because of John's threatening behavior, and that John had not been prejudiced by Frances's delay in enforcing the obligation. The Supreme Court affirmed, holding (1) John's laches defense failed; (2) the court did not abuse its discretion by awarding the full amount of post-judgment interest to Frances; (3) the statutory presumption of satisfaction was overcome in this case; and (4) the court did not abuse its discretion by awarding Frances all of her attorney fees.

Palian v. Department of Health and Human Services

Citation: 2020 ME 131

Opinion Date: November 10, 2020

Judge: Connors

Areas of Law: Government & Administrative Law, Public Benefits

The Supreme Judicial Court affirmed in part and vacated in part the judgment of the superior court affirming the decision of the Commissioner of the Department of Health and Human Services (Department) accepting the recommendation of an administrative presiding officer that the Department correctly established and maintained a recoupment claim for $116,852 against Appellant, an oral surgeon, holding that remand was required as to one aspect of the Department's decision. Appellant was a MaineCare provider whose practice was based in Auburn. After Appellant retired, the Department issued a notice of violation, alleging that Appellant had been overpaid. After an administrative hearing, the Department reduced its claim to $116,852. The presiding officer upheld the Department's recoupment claim. The Commissioner adopted the presiding officer's recommended decision in full. The Supreme Judicial Court reversed in part and remanded the case, holding (1) because the Department failed to explain its decision imposing the maximum allowable penalties for Appellant's failure properly to document time spent with patients following his administration of anesthesia, the Court was unable to determine whether the Department properly exercised its discretion; and (2) Appellant was not entitled to relief on his remaining allegations of error.