About:

Edward B. Foley holds the Ebersold Chair in Constitutional Law at The Ohio State University. He is currently serving as an NBC News election law analyst for the 2020 election season. In 2016, his book “Ballot Battles: The History of Disputed Elections in the United States” was named a finalist for the David J. Langum Sr. Prize in American Legal History; his most recent book, “Presidential Elections and Majority Rule,” explores the conception and evolution of the Electoral College, while making the case for reform. Foley clerked for Justice Harry Blackmun at the U.S. Supreme Court in 1987-88 and Chief Judge Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit in 1986-87. He has also served as state solicitor in the office of Ohio’s attorney general.

Relevant Writing

• Column “The repugnant plan brewing for state legislatures to steal the election must be stopped” by Edward B. Foley in the Washington Post
• Column “Trump wants the courts to stop the counting. He’s going to be disappointed.” by Edward B. Foley in the Washington Post
• Column “Relax. Biden will be sworn in Jan. 20.” by Edward B. Foley in the Washington Post
• Column “This unnerving election does not bode well for the next one” by Edward B. Foley in the Washington Post
• “The Terrifying Inadequacy of American Election Law” by Edward B. Foley and Larry Diamond in The Atlantic
• “Symposium: The particular perils of emergency election cases” by Edward B. Foley in SCOTUS Blog
• “Why counting presidential votes is not for federal district courts” by Edward B. Foley in SCOTUS Blog
• “Even if it’s not official, Republicans should acknowledge Biden’s win” by Edward B. Foley in The Fulcrum
• “Closing arguments: All the president’s bedlam” by Edward B. Foley in The Fulcrum

Relevant Media

• “‘I just want to find 11,780 votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor” in the Washington Post
• “What Happens When the Election Results Are Contested” in The New York Times
• “‘People will stop believing in the process.’ Why Donald Trump’s Legal Strategy is Dangerous Even If It’s Likely to Fail” in Time
• “Seven Questions with Ohio State Election Law Expert Ned Foley” in Columbus Monthly
• November 2 Episode “Contested Elections: An American Tradition” on Legal Talk Today podcast by Legal Talk Network
• “The many obstacles to the “GOP state legislatures steal the election for Trump” scenario” on Vox
• “What Happens If Trump Won’t Concede the 2020 Election?” in Marie Claire
• “Trump’s Falsehood-Filled Speech on the Election” on FactCheck.org
• “The Court Battle Over Key Swing States Has Just Begun. And It’s Not Likely to Be Over Soon” in Time
• “The Electoral College: Why We Still Use It And How To End It” on 1A by NPR
• “Trump Election Lawsuits Have Mostly Failed. Here’s What They Tried” on NPR
• “Election Law Experts: Trump Campaign Lawsuit A Longshot, Could Complicate Vote Count, Certification” on WITF
• “‘It’s all noise’: The reality behind Trump’s legal fight” in Politico
• “What Is Trump Playing At?” in The New York Times
• “Don’t be fooled: the delays in the US election result mean our system is working” in The Guardian
• “What the Trump campaign’s legal fights could mean for this election and overall public trust” on PBS NewsHour
• “Supreme Court orders separate count of late-arriving Pa. ballots” in The Hill
• “‘A Litigation Arms Race.’ Why The 2020 Election Could Come Down To The Courts” in Time
• “Explainer: What might happen if U.S. election result is disputed?” in Reuters

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