‘A Litigation Arms Race.’ Why The 2020 Election Could Come Down To The Courts

Alana Abramson:

The litigation landscape

To the extent that it can be simplified, this year’s election-related legal brawls can be distilled into two groups: a push to eliminate expanded mail-in voting policies on the basis that they would produce unprecedented fraud, and a push to ease the restrictions already in place.

The first battle, waged by the Trump campaign and the Republican National Committee, has largely failed. Lawsuits on this theme filed in Montana, Nevada, New Jersey, and Pennsylvania were all dismissed because of a lack of evidence. In Pennsylvania, federal Judge J. Nicholas Ranjan, who was appointed by Trump, dismissed the Trump campaign’s case on the grounds that their allegations of fraud were “speculative”—the same word invoked by federal district Judge James C. Mahan, who was nominated by George W. Bush, in dismissing a similar case in Nevada. In Montana, federal district judge Dana Christensen described the Trump campaign’s fraud allegations as “a fiction.”

The second battle—the fight over the weedy regulations governing voting by mail—has had more grist. Democrats have banked key victories in lower courts, while Republicans have gotten at least half a dozen of these decisions either reversed on appeals or put on hold pending further consideration. “It’s not the score at the end of the first quarter that counts, and there is a lot of game left in most of these cases,” says an aide at the Republican National Committee.

Geothermal energy is poised for a big breakout

David Roberts:

Geothermal power is the perpetual also-ran of renewable energy, chugging along in the background for decades, never quite breaking out of its little niche, forever causing energy experts to say, “Oh, yeah, geothermal … what’s up with that?”

Well, after approximately 15 years of reporting on energy, I finally took the time to do a deep dive into geothermal and I am here to report: This is a great time to start paying attention!

After many years of failure to launch, new companies and technologies have brought geothermal out of its doldrums, to the point that it may finally be ready to scale up and become a major player in clean energy. In fact, if its more enthusiastic backers are correct, geothermal may hold the key to making 100 percent clean electricity available to everyone in the world. And as a bonus, it’s an opportunity for the struggling oil and gas industry to put its capital and skills to work on something that won’t degrade the planet.