Fortifying Tomorrow’s Elections

Before the Donald Trump-inspired challenges of the 2020 presidential election, Democrats and liberals alleged fraud and formally contested the results of the 2000, 2004, and 2016 Republican-won presidential elections. Those earlier challenges spurred the creation of a network of election litigators on the left — what J. Christian Adams, a conservative ex-Justice Department attorney pitted against them, calls a “linear build-out” of “some 30 groups” responsible for a lot of sudden changes in election law last year amid the pandemic.

For the closely fought 2020 presidential election, 29 largely Democrat-controlled states and the District of Columbia loosened voting laws, most expanding access to mail voting, according to the liberal Brennan Center for Justice. In response, after former President Trump’s efforts to contest his narrow loss, 19 largely conservative states tightened their voting laws, the Brennan Center reports. The latest changes have provoked a wave of litigation, overwhelmingly from the left.

Now Harvard Law School, in seeming recognition of the power of this “lawfare” strategy, is gearing up for a future where elections are regularly decided not at the ballot box – but in the courts. Two programs at Harvard Law show close ties between the school, the Democratic Party, and liberal activist groups with an interest in fighting elections through the judicial system.

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