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In my September Litigation Look Ahead, I predicted that “[i]f there is a strategic inflection point in September, it will likely be on Sept. 10.” Boy, was I right!


I initially focused on yesterday because it was the date of the highly anticipated presidential debate. It was also the day that two big court cases were set for argument — one involving voting in Wisconsin and the other in Arizona.


What I did not predict was that it would also be the day that democracy would win four big victories in court, there would be three major court hearings in which Republicans were on the defensive and the presidential debate would solidify Kamala Harris’ momentum in the presidential race.


Campaigns are often filed with long days of sameness — the same speeches, advertisements and tactics. But in each election, we can look back at a few dates and recognize them as holding the key moments that helped decide who won and lost. There is no doubt that Sept. 10 will be such a day.

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Republicans lost in Arizona. An Arizona state court dismissed a Republican officeholder’s lawsuit seeking to…


Election deniers lost in Georgia. A Fulton County judge threw out a dangerous lawsuit brought by…


Election certification won in Michigan. Only days after being sued for saying he won't certify the 2024 election…


Pro-abortion advocates won in Missouri. After a lower court halted the pro-abortion ballot measure, supporters of the measure went to…


Wisconsin Supreme Court poised to support voting rights. As predicted, there was a critical argument over the availability of in-person absentee voting sites and the use of a mobile early voting van in the city of Racine. While the voting van captured much of the press coverage, the critical issue…


Republicans make a key concession in the 9th Circuit. No sooner had the Wisconsin argument finished than a three-judge panel of the 9th Circuit began hearing the highly contentious case challenging Arizona’s…


Pro-abortion advocates argued (before they won) in Missouri. OK, this is a bit of double counting, but before the pro-abortion advocates won the case…


The debate. This was the debate performance that Democrats hoped for, and Republicans feared. From the start…


My personal highlight was when the moderator David Muir asked Kamala Harris about my…

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