Derek Muller

Professor of Law

Law School

Office
1116 Eck Hall Of Law
Notre Dame, IN 46556
Email
dmuller@nd.edu
Website

Professor of Law

  • Election law
  • Federal courts
  • Voting rights
  • Election administration
  • Legal education
  • Civil procedure

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Muller’s Latest News

Muller in the News

Votebeat

Trump is asking the U.S. Supreme Court to allow new mail ballot restrictions in the 2026 midterms

Still, “I think everyone agrees that it’s not going to be implemented for 2026,” said Derek Muller, an elections specialist at the University of Notre Dame Law School. “The logistics are so horrific.”

Trump’s mail voting appeal tests Supreme Court’s anti-chaos election rule

Derek Muller, a law professor at Notre Dame who is an expert on election law, agreed. “Purcell has more weight when you are enjoining a state rule because of federalism concerns,” Muller said. “That on its own is a powerful distinction” from a federal election policy.

Raw Story

Trump's ballot case threatens to turn Supreme Court's own election rule against itself

As Notre Dame law professor Derek Muller explained, "Purcell has more weight when you are enjoining a state rule because of federalism concerns."

Trump's election revelations were largely already known

Video

Joining me now to discuss: Derek Muller, law professor at the University of Notre Dame

Conflicting court orders over citizenship data stir more midterm confusion

“We like to have stable rules in advance of the election for voters and for election administrators, so anything that disrupts that stability is problematic,” said Derek Muller, an election-law professor at the University of Notre Dame.

‘Decoy’ Dan Sullivan, Back on the Ballot

“Excluding candidates who engage in deception in their efforts to appear on the ballot is hardly new,” Notre Dame law professor Derek Muller recently wrote. “The courts routinely permit states to filter out candidates who are ‘frivolous.’ Indeed, the Supreme Court has been quite clear on this issue.” On that point, he says, Judge Matthews’s holding “should be explicitly reversed by the Alaska Supreme Court.”

The Trump administration is ramping up pressure on states to change election practices

Derek Muller, a law professor at the University of Notre Dame who specializes in election law, said it’s not clear the 50-state letter means anything except to restate some parts of the law, with a request to follow up, “which I’m sure many states will ignore.”

In a polarized Supreme Court, even its conservatives are divided on Trump

“He has a tremendous amount of power,” said Derek Muller, a Notre Dame Law School professor. “It feels like every big case, it’s constantly Chief Justice Roberts.”

Supreme Court’s dramatic moves will reshape elections — and give the GOP a midterm boost

Derek Muller, a Notre Dame law professor who specializes in election law, said he saw a legal logic to the court’s moves. “The Supreme Court is stepping back from cases in Alabama and Louisiana. It’s not issuing a rule to alter the rules of the election,” Muller said. “It’s allowing the legislatures to issue the rules they want.”

In Backing President Trump’s Policies, Justice Alito Finds His Moment

“Justice Alito had a hand in many of the most influential decisions, held together majorities and continued to write in ways that advanced many of the conservative legal movement’s causes over the last 50 years,” said Derek T. Muller, a professor and election law expert at Notre Dame’s law school. “It’s a vote of confidence from the chief, and suggests a respect for his mind, his craft and his ability to keep a majority together in high-profile cases in which the justices might divide on how broadly they want to resolve something,” said Sherif Girgis, a law professor at Notre Dame who was a law clerk for the justice.

Roll Call

SCOTUS term marked by shifts to the right, some checks on Trump

Derek Muller, a professor at Notre Dame Law School, said at the same event that through its current majority, Roberts has wielded a large amount of power over the high court. “I think he’s the deciding vote in some cases, but he also controls the opinion assignment in many of the biggest cases,” Muller said.

San Francisco Chronicle

Trump still has sev­eral ways to affect Novem­ber’s elec­tions

“It’s been a mixed bag for Repub­lic­ans,” said Uni­versity of Notre Dame law pro­fessor Derek Muller. But the pres­id­ent, he added, “has come up mostly empty-handed.”

Despite losses for Trump, Supreme Court enhanced presidential power: ANALYSIS

"He has a tremendous amount of power," said Notre Dame law professor Derek Muller, a leading scholar of election law and federal courts. "It's a convergence of factors that's allowed him to write about things he's long cared about, sometimes for the administration, sometimes against."

The Center Square

Analysts: Civil rights defined Supreme Court term

Derek Muller, a law professor at the Notre Dame School of Law, said numerous election cases decided throughout the term showed the high court’s desire to step away from litigating the political process. He said the court’s decision to strike down party spending limits, push back against racial gerrymandering, and allow late mail-in ballots are examples of shifting attitudes. “There's a theme in all these cases to say courts are stepping back from the political process, states can handle these issues. If Congress speaks, it has to speak pretty explicitly,” Muller said. Muller said Watson v. RNC, where justices on the high court allowed Mississippi to accept and count ballots received after Election Day, shows the court’s unwillingness to deal with the political process. “Even if this case had come out the other way, you wouldn't get faster counting in most of these jurisdictions,” Muller said.

Trump's fixation on voting has had mixed results. He still has ways to affect November's elections

“It’s been a mixed bag for Republicans,” said University of Notre Dame law professor Derek Muller. But the president, he added, “has come up mostly empty-handed.”

Examining Trump's interest in the SAVE America Act

Audio

Derek Muller, an election law professor at Notre Dame, said earlier this year that if the SAVE Act were passed, it would be one of the most significant nationalizations of elections in American history.

Voter ID doesn’t need Washington’s meddling

Derek T. Muller is a professor of law at the University of Notre Dame.

Washington Examiner

Recalled California city council members dig in as legal battle escalates

Derek Muller, a University of Notre Dame election law professor, told the San Francisco Chronicle that quo warranto actions are rarely used in modern election disputes, making the city’s standoff an unusual test of how courts handle elected officials who refuse to leave office after a successful recall.

Foreign Policy Journal

Republican SAVE America Act Election Overhaul Collapses In Senate After Months Of Deadlock

University of Notre Dame law professor Derek Muller noted that, had it passed, the act would have been “among the most significant nationalization[s] of elections in American history,” marking a sharp break from the traditional Republican opposition to federal oversight of voting.  Muller argued in a March blog post that the bill’s failure may still carry lasting consequences for how both parties approach election policy at the federal level. “It does strike me that the debate has shifted from whether to nationalize elections to how, at least for many Republicans,” Muller wrote, adding that even in failure, the act could make it “much easier” for Democrats to pursue similar nationalization efforts when they next hold power.

Supreme Court's Alabama redistricting decision could encourage more chaos, experts warn

Audio

Notre Dame law professor Derek Muller has an equally critical, but less apocalyptic, view. He says the court seems to want to wash its hands of political cases, the result being maximum gerrymandering, whether the state is Alabama or California. He too sees the court's most recent decisions in voting rights cases as limiting how Congress can go about protecting minority voters. That said, there are ways that Congress could still act, he says. "Even if you did very simple restrictions, such as…you can only engage in redistricting once a decade or you can't change the rules for redistricting more than a year before an election. Those are ways to prevent some of the opportunism we have," Muller observes.

Judge blocks Trump's $1.8B program that critics call a 'slush fund'

Derek Muller, a professor at Notre Dame Law School, said on social media there are “major” issues about whether the plaintiffs will be allowed to sue. But he said the hearing schedule will give both sides time to present full written arguments for Brinkema to consider before the government can take any irreversible steps to create the fund or distribute funds.

US Supreme Court's uneven approach to election-map rulings boosts Republicans

University of Notre Dame law professor Derek Muller said the recent decisions shared a similar idea: restoring state legislative action that ⁠had been blocked by a lower court. The cases, Muller acknowledged, may inject uncertainty into elections due to their timing. "But it's not because the court has changed the rules," Muller said. "It's because the court has stepped back and allowed the legislature to act."

Supreme Court faces new criticism for redistricting decisions so close to the 2026 elections

In explaining how the court may feel it is acting consistent with the Purcell principle, Derek Muller, an election law expert at the University of Notre Dame Law School, said it does not apply when a court is lifting an injunction, as the Supreme Court did this week in allowing Alabama to move forward with its preferred map, which had previously been blocked. While he acknowledged the court’s recent decisions have favored Republicans, giving fuel to critics, Muller noted that the court would face scrutiny whenever it acted.

Might Donald Trump try to rig the midterms?

If Democrats win the House by a dozen or so seats with wide margins across several states, there is not much to do but “throw a tantrum”, says Derek Muller, an expert in election law at the University of Notre Dame. 

Democrats are closer than you think to upending the Electoral College

As Notre Dame law professor Derek Muller notes, this puts 270 plausibly within reach for the first time. “If Michigan (15), Pennsylvania (19), Wisconsin (10), and Nevada (6) all tip toward Democratic trifectas” — meaning Democratic control of the governorship and both houses of the legislature — “that’s 50 EVs,” he observes. If each of those states ratified the NPVIC, it would control an Electoral College majority — 272 votes out of 538 — and the compact, by its own terms, would go into effect.

Politifact

Voter suppression or little step? How the SAVE America Act affects married women who change names

Derek Muller, a University of Notre Dame law professor, wrote in the Election Law Blog that "literally nothing more than an affidavit would suffice in these circumstances. This should dramatically alleviate — if not wholly eliminate — the concerns about name changes."

How a largely forgotten Supreme Court case can help prevent an executive branch takeover of federal elections

Derek T. Muller, Professor of Law, University of Notre Dame

Trump’s judicial blitz loses steam

Federal judges — including Republican appointees — have been retiring at an unusually slow pace since Trump’s second inauguration, according to federal data and research by Derek Muller, a University of Notre Dame law professor who has tracked vacancies by recent presidential administrations.

ABA’s law school division seeks greater independence amid political backlash

“This is an effort to separate even more formally from the brand of the ABA, which is quite obviously in the crosshairs of the current administration and which faces significant opposition in some states,” said University of Notre Dame law professor Derek Muller. Those changes may still not be enough to assuage concerns over ABA accreditation from states such as Texas and Florida, Muller said.

Trump may have inadvertently issued mass pardon for 2020 voter fraud, experts say

That reading of the pardon’s text is believable, said Derek Muller, a law professor at the University of Notre Dame, who first wrote about the request Laiss’s lawyers were making. “Here you’ve got kind of a broad set of conduct and an undefined group of individuals who are protected,” Muller said in an interview. “It’s quite plausible to read this and suggest that anyone involved in voting for slates of presidential electors in 2020 has now been pardoned.”

Roll Call

Adelita Grijalva lawsuit unlikely to lead to swearing in, experts say

Derek Muller, a law professor at Notre Dame Law School who focuses on election law, called the case a “surefire loser” where the courts were unlikely to decide to step in to help. “She won her election, and she ought to be sworn in. That is a separate question from whether a court can step in and force the issue,” Muller said.

Big Law Leans Left—and Is Moving Further Left, Research Shows

University of Notre Dame law professor Derek Muller has been tracking the political contributions of lawyers and staff at large law firms for more than a decade. He first wrote about the topic in 2013, based on data from the 2012 presidential election, then revisited it in 2021, looking at the period from 2017 to 2020. This year, Muller updated his research yet again.

Law profs applaud, and pan, ABA's delay of hands-on learning requirement

Notre Dame law professor Derek Muller, who has opposed the plan in public comments to the ABA and on his blog Excess of Democracy, welcomed its pause. “Anything that delays this costly proposal is a positive development,” Muller said.

Trump moves to use the levers of presidential power to help his party in the 2026 midterms

Derek Muller, a law professor at the University of Notre Dame, said the idea of seizing voting machines in 2020 was a sign of how few levers the president has to influence an election, not of his power. Under the U.S. Constitution, elections are run by states and only Congress can “alter” the procedures — and, even then, for federal races alone. “It’s a deeply decentralized system,” Muller said.

Trump Says He Wants to Get Rid of Mail-In Voting

“The president doesn’t have any unilateral authority over election devices, and the states principally control presidential elections,” said Derek Muller, a law professor at the University of Notre Dame. 

In Election Cases, Supreme Court Keeps Removing Guardrails

The Rucho decision was part of a larger trend, said Derek T. Muller, a law professor at Notre Dame. “These developments reflect a federal judiciary increasingly unwilling to engage in judicial review of the political process,” he said. “And political actors in response are flexing the new power they have.”

Can Texas Republicans expel absent Democrats in redistricting fight?

Derek Muller, a law professor at the University of Notre Dame, said Democrats are likely to argue that they are in fact representing their constituents by doing everything in their power to deny Republicans the ability to redraw the state’s congressional map.

Democracy Docket

Why The Voting Rights Act’s 60th Birthday Might Be Its Last

Along the way, the Court continued to weaken the VRA, leading Notre Dame Law Professor Derek Muller to conclude after the Court’s 2021 decision in Brnovich v. DNC that “it is perhaps only a small overstatement to say that the Court is less interested in plaintiffs’ election law challenges than at any point since the 1940s and 50s.” 

Raw Story

Trump move backfires as judges slam brakes on court packing plan: report

In May, Notre Dame Law Professor Derek T. Muller pointed to a slowing of bench retirements since Trump was re-elected, noting the "exceedingly slow pace of retirements in the second Trump administration, disproportionately low."

Texas governor threatens to seek removal of Democrats who fled state, escalating tensions

Abbott could not remove lawmakers on his own and would need the courts to go along with his plan, according to University of Notre Dame law professor Derek Muller. While Abbott and other Republicans could argue that the Democrats had abandoned their duties, those lawmakers would have a chance to make the case that they were representing their constituents by denying the majority the quorum it needs to operate, he added.

Planned Parenthood defunding remains in question amid legal challenges

But Derek Muller, a professor at the University of Notre Dame Law School, told OSV News that Talwani’s order was “aggressive and broad.” “It orders the president to spend money Congress has expressly forbidden it to spend,” he said.

The Washington Times

Independent voters challenge states’ closed primaries

Derek Muller, an election law professor at the University of Notre Dame, said that precedent is clear, suggesting the independent voters challenging these state rules are likely to lose.

If Everything Is A Threat To The Rule Of Law, Nothing Is A Threat To Rule Of Law

University of Notre Dame Law Professor Derek Muller spoke with FOX News' Will Cain on the recent Supreme Court rulings and Ketanji Brown Jackson's dissent.

Conservative Judges Shun Retirement Under Trump Second Term

President Joe Biden gained 57 openings, both current and future, between January 1 and June 1 of his first year in office, according to Derek Muller, a University of Notre Dame law professor who tracked the early pace of vacancies for recent presidencies using the US Courts’ archived data. George W. Bush had 30 during the same time frame, while 29 opened for Obama.

Student loan caps could hit minorities, low-ranked law schools the hardest

A 2023 analysis of law school debt-to-income ratios by Notre Dame law professor Derek Muller had found that at more than a quarter of American Bar Association-accredited law schools, graduates had a median cumulative debt that was more than twice their annual income one year after graduation.

Trump abandons his most impressive presidential legacy: Conservative judges

Data from Notre Dame Law professor Derek Muller shows that federal judges are retiring at a record-slow pace at the beginning of Trump’s second term. 

Texas AG says judge, other officials arrested for ‘vote harvesting’ crimes

University of Notre Dame law professor Derek Muller said a small number of illegal voting activity cases are prosecuted around the country every year, and they “tend to be isolated incidents and not at large scale.” They are rarely at a level that would affect the outcome of a race, he said. “That doesn’t mean it isn’t serious,” Muller said.

The Times

Can Trump run for president in 2028? The law is clear — but he isn’t

“The plain text of the 22nd amendment makes it very clear — you cannot be elected to a third term. So that is clearly off the table,” Derek Muller, an election law professor at the University of Notre Dame in Indiana, said. 

Fox 6

‘Trump 2028’ hats selling on president’s online store

​​Derek Muller, a professor of election law at Notre Dame, noted that the 12th Amendment, which was ratified in 1804, says "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

Newsbreak

GOP Amendment for Trump Third Term Flops

Election law scholar and University of Notre Dame law professor Derek T. Muller said, “It reads like somebody who doesn’t want to be treated like a lame duck and is throwing it out there right now.” He added, “It’s really hard to be a lame duck president or to be treated that way, and people are talking to you like your term’s already over.”

Trump Hypes Incremental Wins at Supreme Court as Big Victories

Notre Dame Law professor Derek Muller agreed, saying the rulings are “pretty small ball in the large scheme of things.”

WFAE/NPR

Made to order: Trump’s ‘maximalist approach’ looks to transform how North Carolina, and a nation, votes

According to Notre Dame constitutional law professor Derek Muller, the president can unquestionably do certain things in his order, such as direct the attorney general what to investigate or instruct the U.S. Department of Justice to prioritize enforcement in certain areas.

HuffPost, Yahoo! News

Laurence Tribe Sounds Alarm On How Donald Trump Could Actually Serve Again

And Notre Dame professor Derek Muller has argued there isn’t “any ‘one weird trick’ to getting around presidential term limits,” suggesting Trump’s rhetoric is, as a “lame-duck president,” just intended to “show as much strength as possible.”

Jim Acosta Floats 'Realistic' Way Trump Could Attempt Third Term

Derek Muller, a professor of election law at Notre Dame, told The Associated Press: "I don't think there's any 'one weird trick' to getting around presidential term limits. A lame-duck president like Donald Trump has every incentive in the world to make it seem like he's not a lame duck."

The Strategy Behind Trump’s Repeated Musings About a Third Term

“It reads like somebody who doesn’t want to be treated like a lame duck and is throwing it out there right now,” said Derek T. Muller, a law professor at the University of Notre Dame and a scholar in election law. “It’s really hard to be a lame duck president or to be treated that way, and people are talking to you like your term’s already over.”

Can Trump serve a third term as US president?

Derek Muller, an election law professor at the University of Notre Dame, said the Constitution's 12th Amendment says "no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States".

As Trump says "there are methods" for serving a third term, here's what to know about the 12th and 22nd Amendments

"I don't think there's any 'one weird trick' to getting around presidential term limits," Derek Muller, a professor of election law at Notre Dame, told the Associated Press.

Trump Says He’s ‘Not Joking’ About Seeking a Third Term in Defiance of Constitution

Derek T. Muller, a law professor at the University of Notre Dame and a scholar in election law, said there has been a dissenting view about the provision of the 22nd Amendment — which focuses on being “elected” president without addressing the idea of ascending to the office. However, he said, such a route would be complicated by the 12th Amendment.

Trump says he’s considering ways to serve a third term as president

Derek Muller, a professor of election law at Notre Dame, noted that the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

Trump Attacks on ABA Threaten Group's Funding and Membership

“It doesn’t have the neutrality, whether actual or perceived, that it might have once had,” Derek Muller, a professor at the University of Notre Dame Law School, said of the ABA. “It’s just lost its influence more generally as a result.”

MAGA world turns against Supreme Court Justice Amy Coney Barrett

Barrett defenders have fought back, with Derek Muller, a Notre Dame law professor who studied under Barrett, saying in an interview he doubted she would be affected by the negative reactions.

Trump's third-term musings seem more a tease than a pledge

There would be no similar questions about the meaning of the 22nd Amendment, said Derek Muller, a professor at Notre Dame Law School. “You would not have the factual disputes, so it would be much wider,” Muller said of the number of states keeping Trump off their ballots. “I’m not persuaded the Supreme Court is going to roll over.”

Congress is set to certify Trump’s win on Monday. Here’s what to know.

“Congress has often changed the date of counting electoral votes in the past, when January 6 fell on a Sunday or for other matters of convenience. The date is not fixed by the Constitution but chosen by Congress and can easily be moved,” said Derek Muller, a law professor at the University of Notre Dame.

Protracted GOP speaker fight could complicate Electoral College count

Derek Muller, a professor at the University of Notre Dame Law School, said the Constitution gives the House the authority to organize itself, which would give members enough legal wiggle room to find a way out of what would be an unprecedented situation.

Washington Reporter

Pass the JUDGES Act to clear up courts’ backlog

Derek T. Muller is a Professor of Law at Notre Dame Law School.

Notre Dame is a pipeline for Supreme Court clerks, magnet for justices

There’s a collegiality, a kindness and a lack of an edge,” said law professor Nicole Garnett, a close friend of Barrett’s from their years as colleagues and neighbors, and the driving force behind the school’s success in placing law clerks at all levels of the judiciary.

Could Matt Gaetz Get His House Seat Back—Or Be Named Senator? What To Know After He Bails As Trump’s Attorney General Pick

Gaetz specifically stated in his resignation letter that he did “not intend to take the oath of office for the same office in the 119th Congress,” which Notre Dame law professor Derek T. Muller said on X Thursday is “enough to trigger a vacancy” for the spot Gaetz won in reelection under House precedent.

The Philadelphia Inquirer

Bob Casey isn’t conceding the U.S. Senate race. But he’s not denying the integrity of the election results, either.

The boards’ decision, however, was unusual, said Derek Muller, an election-law expert at the University of Notre Dame. “In theory, the board should just exclude the ballots and then let the contestant go sue,” Muller said.

How America hands power from one president to the next

“It’s very much the customs and habits that candidates and the federal government do,” said Derek Muller, a Notre Dame law professor and expert on presidential transition.

WAMU/NPR

The final few months of Joe Biden’s presidency

Audio

Derek Muller, election law expert, professor of law; Notre Dame

Elon Musk’s daily $1 million giveaway to voters can continue, Pennsylvania judge rules

“The testimony does suggest the PAC saw the sweepstakes as an inducement to get voters to register, which would run afoul of federal law,” said Derek Muller, a CNN contributor and election law scholar who teaches at the University of Notre Dame. “This testimony could be used if the Department of Justice later brought charges in federal court.”

Election law scholar shares dos and don'ts of voting

Video

Derek Muller, professor of law, University of Notre Dame

A tie in the Electoral College could have this unprecedented outcome

That process, in and of itself, would be “disruptive” and “problematic,” Derek Muller, a law professor at the University of Notre Dame, previously told The Hill. But it could also result in a scenario that the American public hasn’t seen in over 200 years.

Supreme Court's Silence on Virginia Voter Purge Sows Confusion

“Certainty and finality are valuable,” Notre Dame election law professor Derek Muller said. “That means, unfortunately, reason-giving takes a back seat in the heat of the moment.”

Dems say they will certify a Trump victory — even the ones who think the 14th Amendment disqualifies him

“Congress does not have the capacity in the [Jan. 6] joint session to do so,” said Derek Muller, a University of Notre Dame constitutional law expert. “Because Congress is not in a position to decide the matter, Congress should count the votes.”

Barron's

With US Election Days Away, Republicans And Democrats Battle In Court

Derek Muller, who teaches election law at the University of Notre Dame, said the number of votes potentially affected by each pre-election case is "very small" -- 1,000 or 2,000 voters or ballots.

Musk tries to move case about $1 million voter sweepstakes to federal court, likely averting required appearance Thursday

“Musk has the right to remove this to federal court if there is jurisdiction, but with removal comes delay,” said Derek Muller, an election law expert who teaches at Notre Dame Law School. 

New law makes dueling presidential transitions possible

Derek Muller, a University of Notre Dame law professor and presidential transition expert who testified in favor of the legislation, said it ensures that potentially two candidates get backing for transitions, with one eventually falling away. He said that’s preferable to having a situation where no transition support is released to either side — which can spark delays leading to national security lapses.

‘January 6th is going to be pretty fun’: How MAGA activists are preparing to undermine the election if Trump loses

Derek Muller, a law professor at the University of Notre Dame, told CNN that state legislatures would have to first repeal their laws that dictate how elections operate before appointing electors directly.

Legal experts say Supreme Court most likely won’t take up post-election challenges

“They’ll do everything they can to avoid resolving disputes after the election,” said Derek T. Muller, a law professor at the University of Notre Dame. “Their hand might be forced if it comes down to one very closely contested state. But my assumption is that they will prefer the political process to play out and avoid as much as possible weighing in.”

Roll Call

Election-related cases land at Supreme Court, maybe a bit late

Derek Muller, a law professor at the University of Notre Dame , said the Supreme Court generally avoids stepping into high-stakes litigation surrounding the elections, but that may not always be possible.

Trump v. Harris? Replay of 2000 Election Clash Is a Supreme Court Long Shot

“There’s just an increasingly vanishing domain of cases the court wants to hear in these election law contexts,” said Derek Muller, a University of Notre Dame election-law professor. 

How postelection ‘permanent litigation’ could undermine voter confidence

Research by prominent elections-law scholars (Derek Muller at the University of Notre Dame, Richard Hasen at UCLA and others) shows a steep...

Is a Bush v. Gore Sequel Possible This Year? (Podcast)

Audio

Notre Dame law professor Derek Muller joins “Cases and Controversies” to explain what states and courts are doing to try to avoid such a situation ahead of Nov. 5, and get his take on what would make high court intervention unlikely and what scenario might trigger a review.

Philadelphia Inquirer (Subscription required)

Some of Trump's 2020 'fake' electors from Pa. are back again this year

...or you think it's not,” said Derek Muller, an election law expert at the University of Notre Dame.

Elon Musk’s legally problematic $1 million voter giveaway

Professor Derek Muller of Notre Dame Law School said giving people rewards that require them to be registered to vote could be seen as an inducement for those who aren’t already registered to do so — something that happens to align with Musk’s broader goals right now.

Elon Musk’s daily $1 million giveaway to registered voters could be illegal, experts say

“When you start limiting prizes or giveaways to only registered voters or only people who have voted, that’s where bribery concerns arise,” said Derek Muller, an election law expert who teaches at Notre Dame Law School. “By limiting a giveaway only to registered voters, it looks like you’re giving cash for voter registration.”

Elon Musk's Petition 'Illegal Vote Buying'—Election Law Expert

Derek Muller, an election law expert at Notre Dame Law School, told CNN Politics: "When you start limiting prizes or giveaways to only registered voters or only people who have voted, that's where bribery concerns arise." Muller said that offering cash prizes exclusively to registered voters could be interpreted as giving cash for voter registration, which is prohibited.

Republicans and Democrats are both preparing for long legal battles over the 2024 election results

“It’s not even just the parties — it’s outside organizations, and they’re fundraising on how they’re able to protect democracy, how they’re able to preserve the integrity of the election, whatever it might be,” said Derek Muller, an election law expert and professor at the University of Notre Dame Law School. “They have wealthy donors who are backing this litigation. So there doesn’t seem to be any de-escalation in sight.”

Challenging Georgia elections is harder than in 2020 — but some may try

You can try to have Congress object, and so forth,” University of Notre Dame law professor Derek Muller said.

Election Certification Is a Traditionally Routine Duty That Has Become Politicized in the Trump Era

The notion that a lone board could hold up a state by refusing to certify is "this crazy fantasy that has merged the right and the left,” said Derek Muller, a University of Notre Dame law professor.

A new Supreme Court term: What the experts are watching for

Derek T. Muller, a University of Notre Dame law professor and an expert in election law, said the Supreme Court would probably have little appetite to wade into election challenges if the margin of victory is by at least three or four states, because the loser would have to win challenges in multiple states to claim a win.

Judge unseals crucial Jack Smith documents in Trump 2020 election case

Video

Rebecca Roiphe, CBS News legal contributor, Derek Muller, law professor at the University of Notre Dame Law School, and Robert Legare, CBS News Justice Department reporter, join with analysis.

Roll Call

New term for Supreme Court means cases on guns, porn access

Election law disputes are possible but unlikely, according to Derek Muller, a law professor at the University of Notre Dame.

Tribune News Service +20 outlets

New term for Supreme Court means cases on guns, porn access, environmental impacts

Election law disputes are possible but unlikely, according to Derek Muller, a law professor at Notre Dame University. 

Georgia Abortion Ban Struck & Election Suits Mount

Derek Muller, a professor at Notre Dame Law School and an expert on election law, discusses the barrage of lawsuits filed by Republicans challenging election rules and processes.

What's behind the push for election rule changes in Georgia?

Video

Derek Muller, professor of law at Notre Dame Law School, joins "America Decides" to unpack the rule changes being pushed through by pro-Trump election officials in Georgia and the potential legal challenges.

Three Trump appeals court judges will consider a case that could limit mail-in voting

“It’s a clever strategy,” said Derek Muller, a Notre Dame Law School professor specializing in election law. “You’re looking for the circuits that are going to be most hospitable to your claims.”

World News Group

Legal Docket: Election integrity and close races

Audio

That’s Derek Muller. He’s a professor at Justice Barrett’s alma mater Notre Dame. And his scholarship focuses on election law.

Lawyers Give More to Harris in 10 Days Than Trump in Entire Race

“Now it seems hard to find any of the largest firms that are right-leaning,” said Derek Muller, election law professor at the University of Notre Dame Law School. “It’s just been a kind of slow and steady drift over the last several presidential cycles.”

What will happen if America’s election result is contested?

By the same token, although there have been instances of officials at the county level refusing to certify local votes, Derek Muller, a law professor at the University of Notre Dame, points out that, in the end, all the relevant deadlines have always been met.

CBC

Why 0.008% of the U.S. population might determine the election

Video

Notre Dame Law School Professor Derek Muller

Voting-related lawsuits filed in multiple states could be a way to contest the presidential election

“When you have all this money to spend on litigation, you end up litigating less and less important stuff,” said Derek Muller, a law professor at Notre Dame University.

No, local election officials can’t block certification of results – there are plenty of legal safeguards

Derek T. Muller, Professor of Law, University of Notre Dame

The Dispatch

What Would Stop the Steal 2.0 Look Like?

“There are ways in which you could sort of say they’re sort of comporting with existing rules and nothing interesting or remarkable has happened,” Derek T. Muller, a Notre Dame Law School professor who focuses on election law, told The Dispatch. 

The Supreme Court is sowing confusion over how it will handle election disputes this fall

“The problem is, these cases are always in an emergency posture, so you’re always dealing with short fuses,” said Derek Muller, a professor and elections expert at the Notre Dame Law School. “But the court just seems not interested in adding more details about its basis for granting or denying.” 

RFK Jr. suspends his campaign — with an appropriately bizarre theory

But professor Derek Muller of Notre Dame Law School noted that the third-place finisher must actually win an electoral vote — not just finish in third place in the popular vote.

Miami Herald

What happens if there’s an Electoral College tie? Trump could end up with unlikely VP Read more at: https://www.miamiherald.com/news/nation-world/national/article291299310.html#storylink=cpy

If no candidate reaches 270 votes — including in the case of a 269-269 tie — then the election is settled by the newly elected Congress through what is known as a “contingent election,” Derek Muller, a law professor at the University of Notre Dame, told McClatchy News in an email.

 

Supreme Court Drawn Into Fight on Timing of Election Law Changes

“It’s definitely pushed litigants to try to sue early in the cycle and move quickly,” said Derek Muller, a professor at University of Notre Dame Law School.

Two US battleground states seen vulnerable to post-election chaos

"The closer it is, you know, the more pressure is going to come to bear," said Derek Muller, a Notre Dame University law professor who advised the Senate on drafting the 2022 legislation.

Ohio Capital Journal

Better safe than sorry: Democrats prepare for virtual roll call despite Ohio deadline changes

“I think both sides are right,” Notre Dame law professor Derek Muller said with a laugh.

Should Parents Vote on Behalf of Their Kids? JD Vance Isn’t the Only One Who Thinks So

Derek Muller, a U.S. election law expert at Notre Dame Law School, described the proposal as “a great thought experiment but very different than our tradition of voting,” especially with recent shifts in discussions around voting eligibility that emphasize capability. 

Exclusive: CNN survey finds 48 states say Harris can get on ballot instead of Biden, rejecting claim switch breaks state laws

Derek Muller, a University of Notre Dame law professor who is an expert on election law, said in an email: “Democrats do not have a nominee yet.

The Dispatch

Can Kamala Take the Money … Legally?

Audio

Sarah and David are joined by Notre Dame law professor Derek Muller, who teaches “Presidential Nominations in a Time of Uncertainty,” to discuss the legality of swapping out (presumptive) party nominees, the potential consequences of doing so, and the complexity of state election laws at-large.

Some Republicans are threatening legal challenges to keep Biden on the ballot. But will they work?

"I think there's low likelihood that anyone even sues, much less that anyone will be successful," Derek Muller, a professor at University of Notre Dame who specializes in election law, told CBS News.

Is Kamala Harris the presumptive Democratic nominee? Not quite.

But now that he actually has stepped down, moving forward with the virtual roll call will help preempt the same questions of ballot access for Harris or any other nominee, according to Derek Muller, an election law professor at the University of Notre Dame.

Legal challenges to Biden dropping out would face tough odds

Derek Muller, a professor at Notre Dame Law School, said that any such challenge would fail because no Democratic presidential candidate has been formally nominated by the party yet. 

WISH TV

Is it too late to add VP Kamala Harris to Indiana’s ballots?

Video

While the Indiana Election Calendar gives a July 15 deadline to withdraw, election law expert professor Derek Muller from Notre Dame Law School said that the deadline and another one for Aug. 1 are for state elections — and that exempts presidential candidates.

News Nation

Republicans threaten to sue over Biden dropout

Video

Interview with Notre Dame Law School Professor Derek Muller

Legal analysis on the vote

Video

Legal law expert and professor at Notre Dame, Derek Muller, fills us in on legal analysis.

University of Notre Dame Law School Professor Derek Muller discusses the evolving presidential situation

Video

University of Notre Dame Law School Professor Derek Muller discusses the evolving presidential situation

Legal experts are dubious of any court challenge to Democrats’ move to put forward new nominee

“There’s different dimensions to this,” said Derek Muller, an election law professor at the University of Notre Dame. “One is what the Trump campaign itself wants to do, versus what third parties or proxies want to do.”

How does Biden's decision to step down impact election law?

Audio

Election law expert Derek Muller explains how President Biden's decision affects election law.

Kamala Harris formally takes over Biden-Harris campaign account – she’s the only one who could

Derek Muller, an election law professor at the University of Notre Dame, said campaigns are often well ahead spending money before the FEC or courts decide what’s allowed, pushing the final answers until after Election Day.

Radio Iowa

Iowans react to Biden’s decision to end his bid for reelection

Derek Muller is a national election law expert who left the University of Iowa a year ago to join the law school faculty at Notre Dame.

Sacramento Bee (subscription required)

A Harris-Newsom presidential ticket? There’s one big legal hurdle: The 12th Amendment

 For electors “in 49 states and District of Columbia, a Harris-Newsom ticket is not a problem,” said Derek Muller, a professor at Notre Dame Law School.

Roll Call

Biden withdrawal could prompt legal fights over ballots

Derek Muller, a law professor at Notre Dame University who specializes in election law, wrote on social media Sunday that there is a “high degree of uncertainty right now.

CBC

Canada Tonight's Travis Dhanraj speaks with U.S. elections expert Derek Muller

Video

Canada Tonight's Travis Dhanraj speaks with U.S. elections expert Derek Muller.

Biden drops out of 2024 race against Trump. Here's what we know about what happens now.

Mr. Biden's decision to step aside before the Democratic convention, which begins on Aug. 19 in Chicago, could bring some chaos, said Derek Muller, a law professor at the University of Notre Dame who specializes in election law. 

DNC sticks with Biden virtual roll call, despite doubts that it’s necessary

Derek Muller, an election law professor at the University of Notre Dame, said Democrats could face litigation in states like Washington where accepting provisional nominees is a decision made by the secretary of state and not codified in law.

Did Biden Do Enough?

“If you try to substitute after the deadline, but before ballots are printed, that’s where it opens a universe of litigation that Democrats do not want to get into,” Derek Muller, a specialist in election law at the University of Notre Dame, told DealBook.

No, State Laws Haven’t Locked Biden Onto the Ballot

Derek Muller, an election-law professor at the University of Notre Dame, said that a lawsuit based on Howell’s theory “would not go to discovery. 

Justice Amy Coney Barrett’s Independent Streak Marked Supreme Court Term

Derek T. Muller, a law professor at Notre Dame, said the nature of Justice Barrett’s jurisprudence is evident from an assessment of the whole of her work on the court. 

Supreme Court’s Trump immunity ruling poses risk for democracy, experts say

University of Notre Dame law professor Derek Muller said the decision makes it harder to prosecute presidents but does not give them a pass.

Supreme Court rules ex-presidents have broad immunity, dimming chance of a pre-election Trump trial

Trump still could face a trial, said Notre Dame law professor Derek Muller. “But the fact remains that it is almost impossible to happen before the election."

Could Democrats replace Joe Biden at an ‘open convention’?

On the first ballot, “we would see if anybody gets a majority, and then if nobody gets a majority, there would be another round of voting”, said Derek Muller, a professor at the University of Notre Dame Law School.

Supreme Court rules presidents have immunity in core constitutional acts, not unofficial acts

Derek Muller, a professor at Notre Dame Law School and an expert in election law, affirmed the view that the high court makes it "exceedingly unlikely any trial will happen before Election Day."

What would happen if Biden stepped aside from the 2024 presidential race?

Stepping aside before the Democratic convention is legally easy but politically difficult, said Derek Muller, a law professor at the University of Notre Dame who specializes in election law. 

Could Biden be replaced as the 2024 Democratic nominee?

Derek Muller, a law professor at Notre Dame, said changing nominees would legally be straightforward from a legal perspective because there is no official nominee yet and no ballots have been printed.

Supreme Court limits scope of obstruction charge against Capitol rioters, Trump

"It will be a much tougher case to argue that he impaired an official proceeding if the prosecution must also show that it related to the destruction or alteration, or related activities, of documents," said Notre Dame law professor Derek Muller, an election law scholar.

Supreme Court narrows obstruction law for Jan. 6 defendants, but maybe not enough for Trump

Derek Muller, a Notre Dame Law School professor, said the effect of the decision "may be somewhat limited" for other Jan. 6 rioters.

US supreme court ruling could make it harder to prosecute January 6 rioters – and Trump

“It will be a much tougher case to argue that he impaired an official proceeding if the prosecution must also show that it related to the destruction or alteration, or related activities, of documents,” said Derek Muller, a law professor at the University of Notre Dame.

What happens if Joe Biden or Donald Trump drops out of the presidential race?

“Presumably, for Democrats, they would pick [vice-president] Kamala Harris,” said Derek Muller, professor at the University of Notre Dame's law school.

Why RFK Jr. didn't qualify for the first presidential debate

Derek T. Muller, a professor at the University of Notre Dame Law School who studies election law, told me that the Kennedy campaign's case for collusion may not be particularly strong. 

RFK Jr faces midnight deadline to qualify for CNN presidential debate

Derek Muller, a law professor at the University of Notre Dame Law School, said having an independent candidate like Kennedy on stage may make for a more substantive debate.

How Trump’s Florida residency complicates Rubio’s path to VP

“Florida is a large state and a state that you hope to carry,” said Derek Muller, a law professor at the University of Notre Dame. 

2020’s ‘fake elector’ schemes will be harder to try in 2024 – but not impossible

Derek T. Muller, Professor of Law, University of Notre Dame

KITV

How Shifting Debate Criteria May Bar RFK Jr. from the June Debate

And then once their state parties submit those names to the secretary of state," Notre Dame election law professor Derek Muller told Island News.

Trump Allies Sue to Allow Election Officials to Refuse to Certify Results

Adams’ lawsuit could also backfire and prove that the certification process — a previously mundane and “ministerial” task that election deniers have hijacked in recent years — is not up to the discretion of officials like Adams, says Derek Muller, a professor at Notre Dame Law School who has written about the issue of local certification of elections.

Des Moines Register

Yes, Donald Trump will be on Iowa's fall ballot despite his felony conviction. Here's why:

"You can’t challenge somebody for being a felon for federal office because that’s not one of the qualifications listed in the Constitution," Derek Muller, an election law professor at the University of Notre Dame Law School, previously told the Des Moines Register.

Brian Conybeare talks Trump Verdict with Notre Dame Law Professor Derek Muller

Video

ABC57 Anchor Brian Conybeare sits down with University of Notre Dame Law Professor Derek Muller, to discuss the guilty verdict from the Donald Trump hush money trial and what possibly comes next.

Trump's New York felony conviction can't keep him from becoming president

"There's a wide understanding that the qualifications listed in the Constitution are exclusive - that is, we can't add to those qualifications," said Derek Muller, an election law professor at the University of Notre Dame.

RFK Jr. files complaint that CNN’s debate ‘colluded’ with Biden and Trump to keep him off the stage

And law professor Derek Muller raised questions about the debate criteria in a post for the popular legal site, Election Law Blog.

Trump electors in key states want to serve again, despite criminal charges

Derek Muller, a University of Notre Dame law professor, said the power of the electors’ platform alone should not be discounted. 

Subscription required

What would Joe Biden’s legal route be to getting on the ballot in Ohio through the courts?

Notre Dame University election law expert Derek Muller said it would be a safer bet for Democrats to continue seeking a legislative remedy.

How Congress would decide the presidency if there’s an Electoral College tie

“It would lead to a pretty significant, potentially — I won’t call it disastrous — but disruptive election process if it does happen,” said Derek Muller, a law professor at the University of Notre Dame.

What happens if a US presidential candidate dies?

In states where ballots have already been printed or mailed, the party could instruct voters – and electors – to treat the names at the top of the ticket “as hieroglyphics”, said Derek Muller, a law professor at the University of Notre Dame.

RFK Jr.'s 'clever move' to help earn ballot access nationwide: Allying with little-known parties

"As the campaign sees and recognizes that these are very convenient vessels out there, it's a clever move, and it's not a surprise they do it," Derek Muller, a University of Notre Dame professor specializing in election law, told ABC News.

The Bulwark

Trump: ‘Marco has this residency problem.’

And after they vote, it is really a matter for Congress to determine,” said Derek T. Muller, a University of Notre Dame law professor and an expert in election law.

State law takes US a step closer to popular vote deciding presidential elections

"There's a lot of deep legal contestation over what happens next. I mean, in my judgment, I think it needs congressional consent," Derek Muller, a law professor at Notre Dame Law School, told ABC News.

The Boston Globe - subscription

New presidential ballot battles in Ohio and Alabama trigger fears election laws are being weaponized

Derek Muller, a professor at the University of Notre Dame's law school who focuses on election law.

Election Fights Have Begun & Trump's Social Media Suits

Audio

Elections law expert Derek Muller, a professor at Notre Dame Law School, discusses the many lawsuits over voting rules that have already been filed. 

GOP leaders pursue new lawsuits over 2024 election rules – including attacking methods of voting they want supporters to use

The willingness to bring more marginal legal cases reflects how the amount of money being put toward election litigation has increased significantly, said Derek Muller, an election law professor at the University of Notre Dame who noted that the trend also applies to Democrats and outside groups across the ideological spectrum.

The 2024 US Election Is Already Being Fought in the Courts

Political parties’ legal expenses have skyrocketed to $154 million in 2022 from around $5 million in 2003, according to data compiled by Derek Muller, a law professor at the University of Notre Dame. 

How jury selection could work in Trump's "hush money" trial

Video

Notre Dame Law School professor Derek Muller and CBS News chief Washington correspondent Major Garrett join with analysis.

Roll Call

Democrats spurn use of certification process to block a Trump win

And another from Derek T. Muller, a law professor at the University of Notre Dame who focuses on election law, urged the court to be precise in any opinion that leaves authority to Congress in that area.

U.S. News law school rankings release date set, methodology changes expected

Projections of the rankings by Spivey, Pepperdine Law Dean Paul Caron, and Notre Dame professor Derek Muller suggest New York University School of Law this year would drop to either No. 10 or 11 from the current No. 5 without a change in methodology.

Supreme Court opens new frontier for insurrection claims that could target state and local officials

Derek Muller, a Notre Dame law professor, said he wouldn’t be surprised if Section 3 litigation eventually targets people for reasons well beyond Jan. 6.

Potential 2024 ‘Chaos’: Election Deniers Refusing to Certify Results

... Derek Muller, a professor at Notre Dame Law School who has written about the issue of local certification of elections.

Arizona Mirror

Kari Lake and Mark Finchem appeal their tabulator case to the U.S. Supreme Court

Even with their claims of new evidence, Derek Muller, a professor of law at Notre Dame Law School, told the Arizona Mirror that he believes the case is “a longshot.” 

Trump ballot ruling raises new questions even as it answers others

University of Notre Dame law professor Derek Muller agreed the majority opinion left the question muddled.

Third-party candidates could be decisive in America’s election

Derek Muller of the University of Notre Dame reckons that “it's not difficult” to get on the ballot in 30 states.

Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered

“It appears the court is limiting how Congress goes about enforcing Section 3 through legislation, which may also limit Congress if it attempts to refuse to count electoral votes,” said Derek Muller, an election law expert at Notre Dame Law School.

Colorado Public Radio

U.S. Supreme Court shoots down Trump eligibility case from Colorado

“Colorado can’t do this and really no other state can do this in the primary or general election,” said Derek Muller, a constitutional law expert and law professor at the University of Notre Dame Law School. 

Barrett Chides Supreme Court Colleagues in Trump Ballot Rebuke

Notre Dame election law professor Derek Muller agreed that the majority’s opinion “would close the door to some post-election challenges that might otherwise be left open by the decision.”

A unanimous Supreme Court restores Trump to the Colorado ballot

Derek Muller, an election law professor at Notre Dame, said in a statement the Supreme Court decision today "shuts the door on any exclusion of Trump from the ballot in any state, either in the primary or the general."

Supreme Court rejects Colorado ruling, keeps Trump on ballot nationwide

Derek Muller, a Notre Dame Law School professor closely following the case, said the court’s decision “does not resolve the contentious insurrection issues, which will remain live and disputed in the public domain in the months to come.

‘They didn’t do it clearly enough’: SCOTUS ruling prompts worries of another Jan. 6 crisis

“I think today’s opinion will at least close the door on some of that discourse,” said Derek Muller, a constitutional scholar at the University of Notre Dame.

Legal scholars question whether Dems could use Supreme Court ruling to “invalidate Trump’s victory”

Derek Muller, a law professor at Notre Dame University, disagreed that the court opened the door to a post-election challenge, noting that the liberal justices in their opinion complained that the majority ruling forecloses any other ways for Congress to enforce the provision, according to the AP.

After Trump wins at the Supreme Court, some warn it may be harder for Congress to boot 'oathbreaking insurrectionists'

Derek Muller, an election law expert at Notre Dame Law School, said it seemed the majority wanted to "close that door."

Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack

Derek Muller, a law professor at Notre Dame University, said “it seems no,” noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision.

Supreme Court rules Trump will stay on Colorado ballot despite Jan. 6 attack

“This decision does not resolve the contentious insurrection issues, which will remain live and disputed in the public domain in the months ahead,” said Derek Muller, a Notre Dame law professor. 

Legal analysis of Supreme Court's Trump ballot ruling

Video

CBS News election law contributor David Becker and Derek Muller, professor for Notre Dame Law School, discuss the legal aspects of the ruling.

Supreme Court rules Donald Trump can stay on Colorado ballot ahead of Super Tuesday

otre Dame Law School Professor Derek Muller said the contentious insurrection issue will "remain live and disputed in the public domain in the months to come."

The Conversation

Supreme Court says only Congress can bar a candidate, like Trump, from the presidency for insurrection − 3 essential reads

As Notre Dame election law scholar Derek Muller observed: "States are the ones who have the primary responsibility of running presidential elections.

Colorado votes Tuesday. The Supreme Court hasn't said if votes for Trump will count.

Given the justices’ apparent consensus during oral arguments, it’s taking longer than many people anticipated for a decision, said Notre Dame Law School Professor Derek Muller, who has been closely following the ballot eligibility issue.

AEI

Can Trump Stay on the Ballot? Recapping Trump v. Anderson

Audio

Co-hosts John Fortier and Don Palmer are joined by Rick Hasen (Professor of Law at UCLA Law) and Derek Muller (Professor of Law at Notre Dame Law School), to discuss Trump v. Anderson.

Why a Supreme Court easy out in Trump ballot battle could lead to post-election chaos

If Trump wins in November, it’s possible some Democrats would try to reject votes cast for Trump, said Derek Muller, a law professor at Notre Dame who has followed the case closely. 

The Fallout from Former President Donald Trump's Appeal

Video

Law Professor at the University of Notre Dame and nationally recognized scholar in the area of election law, Derek Muller, joins to share more on the fallout from former President Donald Trump's appeal and what it means for the January 6th federal case.

Supreme Court appears skeptical of Trump Colorado ballot ban

Video

Notre Dame Law School professor Derek Muller and Harvard Law School professor Lawrence Lessig join "America Decides" to unpack how the justices seemed to be responding.

Bloomberg Law: Supreme Court Likely to Reject Challenge to Trump's Ballot Eligibility

Audio

Derek Muller, a professor at Notre Dame Law School, and Harold Krent, a professor at the Chicago-Kent College of Law, discuss the Supreme Court oral arguments on Colorado's removal of Trump from the ballot.

Supreme Court poised to allow Trump to remain on Colorado ballot

Derek Muller, a University of Notre Dame law professor who has been closely following the case, said Thursday’s arguments showed both liberals and conservatives on the court are “uncomfortable with the notion that it was going to be the decider here.”

The Conversation

Supreme Court skeptical that Colorado − or any state − should decide for whole nation whether Trump is eligible for presidency

The Conversation’s senior politics and democracy editor, Naomi Schalit, spoke with Notre Dame election law scholar Derek Muller after the oral arguments.

 

Analysis: Justices could place Trump back on the ballot in Colorado

Derek Muller, an election law expert at Notre Dame Law School who filed a neutral brief that offered analysis of key legal questions, said after the hearing that the justices are likely to put Donald Trump back on the ballot in Colorado. 

Supreme Court grapples with leaving Donald Trump on presidential ballot in Colorado: 7 takeaways

“The court seemed inclined to let the political process play out,” said Notre Dame Law School Professor Derek Muller, who has been closely following the ballot eligibility issue.

What to watch for at US supreme court oral arguments on keeping Trump off 2024 ballot

“I don’t think [the court] wants to be involved in these disputes,” the University of Notre Dame law professor Derek Muller told the Guardian’s Sam Levine in his excellent preview of the hearing. 

Trump’s 14th Amendment case reaches Supreme Court: What to expect

“Trump’s briefing so far has really leaned into the argument that the presidency is not an office of the United States, which means that presidency is not covered by Section 3, and therefore, this whole case should disappear,” said Derek Muller, a law professor at Notre Dame who filed a brief in the matter.

Trump Backers Dodge Jan. 6 in Supreme Court Ballot Case

Notre Dame law professor Derek Muller said on Bloomberg Law’s “Cases and Controversies” podcast that the question of whether Jan. 6 was an “insurrection” for purposes of the Section 3 involves “a lot of deep in the weeds factual questions.”

Roll Call

Supreme Court could toss Trump eligibility dispute to Congress

Several arguments made in the case offer the Supreme Court an opportunity to defer the dispute to a different branch of government, said Derek T. Muller, a law professor at the University of Notre Dame who focuses on election law.

Federal Appeals Court Rules Trump is Not Immune for Alleged Crimes

Law Professor at Notre Dame Law School, Derek Muller, joins to share how significant this ruling is.

US supreme court to hear arguments on keeping Trump off 2024 ballot

I think, on a bipartisan basis, there’s an interest on staying as far away from these issues as possible,” said Derek Muller, a law professor at the University of Notre Dame, who wrote an amicus brief in the case that wasn’t in support of either party.

US Silence on Trump Ballot Battle Signals Caution Over Election

Audio

“That’s at least an understandable minimum threshold to say ‘we’re not going to step in where the outcome of this particular election or candidacy is at stake,’” Notre Dame law professor Derek Muller said on Bloomberg Law’s “Cases and Controversies” podcast.

ProPublica

“Disenfranchisement and Chaos”: The Supreme Court Hears Pivotal Case on Whether Trump Is Eligible to Run for President

“It’s very strange to name the Senate and House but not the president,” said Derek Muller, a Notre Dame law professor, characterizing this position. 

Trump Ballot Clash Thrusts Supreme Court Into 2024 White House Race

“Frankly, I think that’s one of his stronger arguments,” said Derek Muller, a University of Notre Dame election-law professor.

Here’s how 2 sentences in the Constitution rose from obscurity to ensnare Donald Trump

“The cases have gone poorly for Trump,” Derek Muller, a Notre Dame law professor who has followed the cases closely, wrote Friday in a blog post.

High Court ‘Friends’ Urge Caution in Trump Ballot Case

Audio

Notre Dame Law School professor Derek Muller joins “Cases and Controversies” to explain the legal issues at play and the potential impacts of a court ruling that fails to give a definitive answer before the presidential election.

Did Trump commit insurrection on Jan. 6? The Supreme Court could decide.

“It’s hard to say where the court’s going to go on this,” said University of Notre Dame law professor Derek Muller.

Trump’s critics hope that Antonin Scalia can sway the Supreme Court in 14th Amendment fight

“Invoking Scalia is kind of an attempt to cite some moral authority for one of the court’s great originalists,” said Notre Dame Law School Professor Derek Muller, an expert on the case. “They’re not just citing anyone.”

Iowa bill aims to clear path for Trump by banning 14th Amendment primary ballot challenges

“It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution,” Derek Muller, an election law professor at the University of Notre Dame Law School, said of the bill.

Iowa secretary of state introduces bill that could limit 14th Amendment ballot challenges against Trump

"It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution," Derek Muller, an election law professor at the University of Notre Dame Law School, told the Des Moines Register of the proposal. 

Des Moines Register

Iowa Secretary of State's bill would bar 14th Amendment ballot challenge for Donald Trump

"It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution," Derek Muller, an election law professor at the University of Notre Dame Law School, said of the bill.

Big Law Skews Liberal in Amicus Briefs, New Study Finds

In a paper forthcoming in the Harvard Journal of Law and Public Policy, University of Notre Dame law professor Derek Muller takes a new and interesting approach to identifying the ideological leanings of large law firms.

AFP, including Yahoo News, Barron's +50 others

Trump cases thrust US courts into the political fray

Derek Muller, a law professor at the University of Notre Dame, noted that courts are "asked to decide tough questions all the time."

AFP, including Yahoo News +65 others

Trump in court for hearing on 'absolute immunity' claim

Derek Muller, a law professor at the University of Notre Dame, said he believes Trump, the first former US president ever to face criminal charges, faces an "uphill battle" in the immunity case.

The Conversation

US Supreme Court decision on Trump-Colorado ballot case ‘monumental’ for democracy itself, not just 2024 presidential election

The Conversation’s senior politics and democracy editor, Naomi Schalit, spoke with Notre Dame election law scholar Derek Muller about the Supreme Court’s decision to take the case, which will rest on the court’s interpretation of a post Civil War-era amendment aimed at keeping those who “engaged in insurrection or rebellion” from serving in political office.

The Supreme Court will decide if Donald Trump can be kept off 2024 presidential ballots

Prof. Derek T. Muller of the University of Notre Dame's law school said, "The court quite clearly understands the high stakes of the case and is aware that Colorado is just the first of many challenges this year."

Which States Are Disqualifying Trump From 2024 Presidential Election Ballots?

Notre Dame Law School professor Derek T. Muller said, “Trump only needs to win on one.”

Trump Ballot Challenges Advance, Varying Widely in Strategy and Sophistication

Derek Muller, an election law expert and professor at Notre Dame’s law school, said Mr. Castro risked creating unfavorable precedent with his failed lawsuits.

In the Supreme Court's hands: How will the justices rule on Trump's ballot appeal?

"The court will feel pressed to move quickly as voters soon begin casting their votes around the country," said Notre Dame Law School Professor Derek Muller, who has been closely following the ballot issue for months.

Trump’s Ballot Fight Plunges the Supreme Court Into the 2024 Election

“If you are not eligible to serve in the office, Congress might not count the votes for you,” said Derek Muller, a University of Notre Dame law professor who specializes in election law.

Trump Asks Supreme Court to Overturn His Removal From Colorado Primary Ballot

Trump’s appeal request leaves the Supreme Court with “a variety of options at its disposal” to rule on the case, from narrow, strictly legal questions to broader ones about Trump’s state of mind on Jan. 6, 2021, said Notre Dame Law School professor Derek Muller.

The Legality of the Ballot Bans Against Trump

Video

Regarding the legal questions at the center of the ballot bans, Election Law Professor at the University of Notre Dame, Derek Muller, joins to explain a bit about this appeal process and how soon we might see a decision rendered.

Will Trump’s disqualification case be Bush v. Gore for 2024?

Notre Dame law Professor Derek Muller has suggested that the court will “coalesce around a consensus unanimous opinion.” 

Trump’s legal woes thrust Supreme Court into 2024 chaos

“It seems strange to allow the process to continue to play out, so I do think it’s going to force the court’s hand,” said Derek Muller, a law professor at the University of Notre Dame whom the judges cited in the Colorado ruling.

Axios

Supreme Court won't weigh in now on Trump's immunity claims in 2020 election case

This is an effort to keep that trial date as much as reasonably possible with existing legal mechanisms," Derek Muller, a University of Notre Dame law school professor, told Axios after Smith's request.

Maine secretary of state who opted to keep Trump off primary ballot is facing threat of impeachment

There will be major pressure on the Supreme Court to offer clarity very soon,” said Derek Muller, a Notre Dame Law School professor and election law scholar.

How the Supreme Court May Rule on Trump’s Presidential Run

“This is a fraught political issue,” said Derek Muller, a law professor at the University of Notre Dame.

Colorado Ruling Knocks Trump Off Ballot: What It Means, What Happens Next

“This is a major and extraordinary holding from a state supreme court,” Derek Muller, a law professor at the University of Notre Dame, wrote on the Election Law Blog.

Supreme Court faces pressure to decide if Trump is on the 2024 ballot

“In Bush v. Gore they ruled in three days,” said University of Notre Dame law professor Derek Muller, citing the decision that determined George W. Bush won the 2000 presidential election. 

Playbook: The 14th Amendment has its moment

“In Bush v. Gore they ruled in three days,” University of Notre Dame law professor DEREK MULLER told the Washington Post. 

Will Supreme Court Save Donald Trump? Legal Experts Give Predictions

"It's an extraordinary decision that puts Trump's election campaign in major legal jeopardy. It also will put a lot of pressure on the Supreme Court to review the decision," Derek T. Muller, a law professor at the University of Notre Dame in Indiana told Newsweek.

Axios

Supreme Court showdown with Trump

"There's no winning," Notre Dame law professor Derek Muller told Axios.

The Supreme Court may decide the 2024 election. Here’s how

“It’s not an ideal situation for anyone, but I think there’s no question that with any adverse judicial decision, Trump will turn it into campaign talk,” said Derek Muller, an election law professor at Notre Dame Law School.

Trump’s fate rests with Supreme Court in two unprecedented cases

Notre Dame law professor Derek Muller called the Colorado decision “a major and extraordinary holding from a state supreme court. 

Colorado Trump Ban Puts Supreme Court in Hot Seat

The case “exerts major pressure on the Court,” said Derek T. Muller, an election-law professor at Notre Dame Law School, and taking it will require the justices “to step into the thorniest of political thickets.” 

Colorado Newsline

ELECTION 2024 JUSTICE Colorado Supreme Court blocks Trump from 2024 ballot in historic insurrection ruling

Derek Muller, a Notre Dame law professor who has followed the case closely, called the Colorado decision a “major and extraordinary holding” that will require the U.S. Supreme Court “to step into the thorniest of political thickets.”

Colorado’s top court finds Donald Trump ineligible for US presidency

“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the cases, told the Associated Press news agency after Tuesday’s ruling.

What the Colorado ruling means for Donald Trump

Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said the ruling is “a major threat to Trump's candidacy.

What happens now that Trump is disqualified from running for office in Colorado?

Notre Dame Law School professor Derek Muller, an election law scholar, told Business Insider he believes the Supreme Court will be inclined to hear the case because it deals with the 14th Amendment — which has never been subject to interpretation by the Supreme Court in the 150 years it has been in place.

Colorado Supreme Court rules Trump disqualified from the 2024 primary ballot

Critics of the suit have argued that CREW's argument and Colorado's subsequent ruling limit voters' rights to choose who to cast their ballot for — but election law scholar and Notre Dame Law School professor Derek Muller told Business Insider the existing qualifications for office are designed to prevent people from voting for who they want to.

Trump Barred From Colorado Ballot in Unprecedented Ruling

“This is an extraordinary holding from the Colorado Supreme Court,” said Derek Muller, a law professor at the University of Notre Dame.

Supreme Court may want to avoid Trump. Colorado's ballot ruling won't let them

"It exerts major pressure on the court," said Notre Dame Law School Professor Derek Muller. "Even inaction would functionally exclude (Trump) from not just Colorado but perhaps other states."

Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot

Derek Muller, an election law expert at Notre Dame Law School, said Wallace’s conclusions about Trump’s role in the insurrection were “remarkable.”

Donald Trump banned from Colorado ballot in historic ruling by state's Supreme Court

“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday’s ruling.

Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court

Derek Muller, a University of Notre Dame law professor who has studied the cases challenging Trump’s candidacy, called the Colorado decision unlike any other in history.

Colorado Ruling Knocks Trump Off Ballot: What It Means, What Happens Next

“This is a major and extraordinary holding from a state supreme court,” Derek Muller, a law professor at the University of Notre Dame, wrote on the Election Law Blog.

SCOTUS Asked to Rule on Trump Immunity Claims

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Derek Muller, a professor at Notre Dame Law School, discusses the Special Counsel asking the Supreme Court to decide whether Donald Trump is entitled to absolute presidential immunity against criminal charges over his efforts to overturn the 2020 presidential election. 

Special Counsel Asks Supreme Court to Decide if Trump Is Immune From Prosecution

Derek Muller, a law professor at Notre Dame, said the procedure remained unusual.

In 'extraordinary' move, prosecutors ask Supreme Court to decide if Trump may claim immunity

"It's always a longshot bid for the Supreme Court to hear a case like this, without waiting for the process to play out in the lower courts," said Notre Dame Law School Professor Derek Muller

U.S. prosecutors ask Supreme Court to quickly take up Trump immunity claims

Derek Muller, a University of Notre Dame law school professor, described Monday’s filing as rare and said Smith was asking the Supreme Court for “extraordinary relief.”

Donald Trump Could Be Disqualified Due to 55-Year-Old Ruling

Derek T. Muller, a law professor at the University of Notre Dame in Indiana, has filed a briefing to the Colorado Supreme Court. In it, he said that there have been several cases where presidential candidates were excluded from the ballot because they were deemed ineligible under the U.S constitution.

Major ruling looms after Colorado Supreme Court hearing on whether the ‘insurrectionist ban’ applies to Trump

“The justices struggled with whether Colorado courts even have power to hear cases like this,” said Derek Muller, an election law expert at Notre Dame Law School who filed a brief that was neutral on disqualifying Trump. 

How exodus from Congress could shape 2024 election

"Retirements can take many forms. Members seek another office or another career opportunity, or they simply get tired with the job after doing it for many years," Derek T. Muller, professor of law at Notre Dame Law School, told Fox News Digital.

Are attacks on Trump witnesses 'par for the course'? Why the gag orders are hard to enforce.

“It’s a delicate balancing that the courts are going through," said Derek Muller, a lawyer professor at the University of Notre Dame. "I envy no one in trying to balance them in a case like this."

Voting Rights Law Faces More Setbacks With Conservative Judges

Derek Muller, a law professor at the University of Notre Dame who studies election law, said that federal appeals courts with a number of judges appointed by Trump and other Republicans, including the Eleventh and Eighth circuits, tend to have a more conservative approach to interpreting statutes.

Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot

Derek Muller, an election law expert at Notre Dame Law School, said Wallace’s conclusions about Trump’s role in the insurrection were “remarkable.”

With three major recent losses, is the effort to knock Trump off ballots in 2024 over?

But Derek Muller, a University of Notre Dame law professor who has closely followed the issue, said it’s too soon to declare the effort to knock Trump off the ballot over. 

Colorado judge finds Trump engaged in insurrection, but rejects constitutional ballot challenge

“It’s a stunning holding for a court to conclude that a former president engaged in insurrection against the United States,” said Derek Muller, a Notre Dame law professor who has followed the case closely. 

Closing arguments set for lawsuit to bar Trump from Colorado ballot

“There’s this very public fight, in all these colloquial terms, about whether it’s an insurrection, but it really comes down to brass tacks defining what this constitutional term means,” Derek Muller, a Notre Dame law professor who’s followed the litigation closely, told the Associated Press.

Taking Trump off the ballot in 2024? Minnesota Supreme Court grapples with the issue

"States are looking to start printing and mailing ballots in January so these cases are moving very quickly and Minnesota might be the first state supreme court to issue a decision," said Derek Muller, a University of Notre Dame law professor. 

Minnesota Supreme Court appears skeptical of removing Trump from 2024 ballot

Derek Muller, an election law expert at Notre Dame Law School, filed a brief in the case that was neutral on Trump’s eligibility but offered analysis of key legal questions.

North Carolina Public Radio

Trump candidacy challenge has echoes of case against former NC Rep. Cawthorn

Courts will now contend with thorny legal questions, such as what actually constitutes a rebellion and whether Congress needs to make that clearer through legislation before courts can weigh in, according to Professor Derek Muller, an elections law expert at the University of Notre Dame in South Bend, Indiana.

What to know about the 14th Amendment Trump disqualification trial in Colorado

"We’ve never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility,” said Derek Muller, an election law expert at Notre Dame Law School who filed a brief in a similar case that was neutral on disqualifying Trump but gave analysis for key legal questions.

Arguments in lawsuit using ‘insurrection’ clause to knock Trump off presidential ballots begins

“We’ve had hearings with presidential candidates debating their eligibility before — Barack Obama, Ted Cruz, John McCain,” said Derek T. Muller, a Notre Dame law professor, listing candidates challenged on whether they met the constitutional requirement of being a “natural born citizen.”

Donald Trump Faces Being Struck off Ballot in Two States

"It's the first domino to fall. We've never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility," Derek Muller, an election law expert at Notre Dame Law School, told CNN.

The Queens Man Ruled Ineligible to Be President

“Hassan is kept off, because he’s not a citizen,” Derek T. Muller, a law professor at Notre Dame who has written about the legal significance of Hassan’s case, told me. 

Judge in election conspiracy case sets limits on Donald Trump comments

Derek Muller, a law professor at the University of Notre Dame said the bench order appeared narrowly tailored, but enforcing the eventual written order could still become a challenge.

Law school financial data is about to get more transparent

A May analysis of Education Department data by Notre Dame law professor Derek Muller found that Western Michigan University Cooley Law School; Atlanta's John Marshall Law School, and Appalachian School of Law were among the schools with the highest debt-to-income ratios.

GOP fake electors charged in Georgia try to move case to federal court

Derek Muller, an election law expert who teaches at the Notre Dame Law School, said he believes it’ll be a “heavy lift” for their argument to prevail in court.

Election officials reject calls to unilaterally block Trump from ballot using 14th Amendment but will defer to courts

“Many states do not have a law on the books empowering the secretary of state to judge the eligibility of presidential candidates,” said Derek Muller, an election law expert who teaches at the Notre Dame Law School.

Washington Times

Efforts to disqualify Trump for reelection create a prime case for the Supreme Court’s consideration

Derek T. Muller, a law professor at the University of Notre Dame, said a secretary of state’s authority over removing Mr. Trump’s name from the ballot depends on state law.

Colorado Lawsuit Seeks to Keep Trump Off Ballots Under 14th Amendment

Derek Muller, a professor at Notre Dame Law School, emphasized that standing requirements are looser in state courts than in federal courts, especially when it comes to voters’ ability to challenge candidates’ eligibility.

Is Trump disqualified for 2024? Here’s how we’ll soon find out.

 “The odds are high that at least one gets to the merits and decides whether Trump participated in an insurrection that disqualifies him,” said Derek Muller, a law professor at the University of Notre Dame.

Derek Muller on the Supreme Court Decision in Moore v. Harper

University of Notre Dame law professor Derek Muller talked about the Supreme Court decision in Moore v. Harper, which found the Constitution does not allow a state to regulate federal elections, rejecting a broad interpretation of the so-called “independent state legislature” theory. 

This issue could knock Trump off ballots nationwide. Get ready for it to dominate primary season

“People are not anticipating how pervasive these will be,” said Notre Dame law professor Derek Muller, an election law expert.

DeSantis Crushes Trump in Cash From Lawyers Seeking Alternative

“To the extent that attorneys are looking for an alternative on the Republican side, it’s no surprise to see them coalescing around DeSantis,” said Derek Muller, a Notre Dame University law professor who has studied lawyers’ political contributions. 

Detroit News

16 false Trump electors face felony charges in Michigan

Derek Muller, a law professor at Notre Dame Law School, said the criminal charges leveled are a "fraught" area of the law.