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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State v. Bowers

Citation: 2020-Ohio-5167

Opinion Date: November 10, 2020

Judge: Maureen O'Connor

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals reversing Defendant's sentence of twenty-five years to life in prison for rape based on the trial court's finding that Defendant had compelled the victim to submit by force, holding that the Sixth Amendment requires that such a finding be made by a jury. Defendant was convicted of rape of a child under the age of thirteen. At a second resentencing, the trial court sentenced Defendant to twenty-five years to life under Ohio Rev. Code 2971.03(B)(1)(c). The court of appeals reversed, holding that Defendant's sentence was not authorized because none of the prerequisites for such a sentence under Ohio Rev. Code 2971.03(B)(1)(c) was present and that permitting a trial court to make a finding of force for the purpose of imposing a sentence under the statute would violate the Sixth Amendment based on Alleyne v. United States, 570 U.S. 99 (2013). The Supreme Court affirmed, holding that Alleyne requires that a finding that the victim was compelled to submit by force or that one of the other factors under subsection (B)(1)(c) is present be made by a jury.

A.J.R. v. Lute

Citation: 2020-Ohio-5168

Opinion Date: November 10, 2020

Judge: Fischer

Areas of Law: Personal Injury

The Supreme Court reversed the opinion of the court of appeals reversing the trial court's decision granting summary judgment in favor of a teacher and school officials on Plaintiffs' complaint alleging that Defendants were reckless in addressing the alleged bullying of a kindergartener by another student, holding that Defendants did not act in perverse disregard of a known risk. In granting summary judgment for Defendants, the trial court found that they were immune from liability because the family had failed to establish that a genuine issue of material fact existed as to whether Defendants disregarded a known risk or obvious risk of harm to the kindergartener. The court of appeals reversed, finding that a genuine issue of material fact existed with respect to whether Defendants had been reckless. The Supreme Court reversed, holding that Defendants did not act in perverse disregard of a known risk, and therefore, Defendants' conduct was not reckless.