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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 25/08/2026

Yesterday, the California Supreme Court heard two challenges to a sheriff's seizure of 650k+ ballots from a Nov. '25 election based on debunked fraud claims. Our new report examines the risk of such seizures occurring during a vote count, and how states can respond: go.wisc.edu/dc9qbo

Red bubble with text: how state laws may constain law enforcement seizures of election materials over background image of a sheriff

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Reposted by Derek Clinger

Steve Vladeck @stevevladeck.bsky.social · 24/08/2026

#BREAKING: Over dissents from the three Dem. appointees, #SCOTUS has *granted* the Trump administration’s request to freeze a district court injunction that had blocked the mail-in ballots executive order. But Trump’s EO remains blocked by a different injunction in a different case—at least for now:

supremecourt.gov

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Reposted by Derek Clinger

Rick Hasen @rickhasen.bsky.social · 22/08/2026

Breaking: USPS Issues Final Rule on Handling Mail Ballots Following Trump’s Mail-In Executive Order; Federal Government Says In Court Filings It Cannot Enforce It with Two Injunctions Against It in Place: What It Means for Pending Supreme Court Stay Request electionlawblog.org/2026/breakin...

electionlawblog.org

Breaking: USPS Issues Final Rule on Handling Mail Ballots Following Trump's Mail-In Executive Order; Federal Government Says In Court Filings It Cannot Enforce It with Two Injunctions Against It in Pl...

Tonight DOJ issued this notice to the court: Federal Defendants in the above-captioned consolidated matters respectfully submit the following notice regarding recent developments in this matter:Follow...

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Reposted by Derek Clinger

State Court Report @statecourtreport.org · 14/07/2026

Officials across the country have sought to burden the direct democracy process with restrictions that may seem modest in isolation but collectively threaten to render these rights unusable, writes @derekclinger.bsky.social in a new explainer.

statecourtreport.org

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 13/07/2026

As citizens have increasingly turned to direct democracy powers to make or change law, officials across states have responded with a similar set of tactics to make doing so harder. SDRI's @derekclinger.bsky.social explores the tactics and how citizens have responded in @statecourtreport.org.

statecourtreport.org

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 29/06/2026

Today, the Arizona Supreme Court, in Center for Arizona Policy v. Arizona Secretary of State, upheld a ballot measure that requires disclosure of "dark money" election spending, rejecting claims that the law facially violates the Arizona Constitution's free speech and privacy protections. 1/3

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 29/06/2026

The Supreme Court just ruled in Trump v. Slaughter, allowing the President to remove the heads of agencies like the U.S. Postal Service at will, and Watson v. RNC, preserving post-election day receipt of mail ballots. We previewed these and other mail voting-related issues here: go.wisc.edu/v566xn

go.wisc.edu

How Can States Address Federal Hostility to Mail Voting?

Mail voting is under unprecedented federal pressure heading into the 2026 midterm elections. From the White House to the Supreme Court to Congress, a…

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Reposted by Derek Clinger

The Downballot @the-downballot.com · 05/05/2026

In December, SCOTUS stayed a district court ruling blocking TX from using its new maps because the lower court ruled "on the eve of an election." That district court ruling was issued 15 weeks before the TX primaries. Callais was issued *17 days* before the LA primaries.

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Reposted by Derek Clinger

State Court Report @statecourtreport.org · 01/05/2026

Bills passed in Michigan must go to the governor before they become law. But the state house refused to send nine bills to Gov. Whitmer, leading to a dispute that the state high court will hear next week. @uwlawdemocracy.bsky.social's @derekclinger.bsky.social analyzed the case:

statecourtreport.org

Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers

The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.

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Derek Clinger @derekclinger.bsky.social · 01/05/2026

Next week, the Michigan Supreme Court will hear a fascinating lawsuit between the state Senate and House over whether 9 lame-duck bills must be presented to the Governor or are instead void. I wrote about it for @statecourtreport.org & @brennancenter.org. statecourtreport.org/our-work/ana...

statecourtreport.org

Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers

The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.

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Reposted by Derek Clinger

Katie Buehler @bykatiebuehler.bsky.social · 01/05/2026

For those *trying* to keep track ... in the 48 hours since #SCOTUS issued its ruling in Louisiana v. Callais striking down the state's election map containing two majority-Black districts (links to follow):

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 19/03/2026

Senior Counsel and Director of Partnerships at @uwlawdemocracy.bsky.social @derekclinger.bsky.social explains why federal attempts to “nationalize” elections face significant legal and political obstacles. Read more: buff.ly/pbDCral.

buff.ly

Could Trump ‘nationalize’ elections in Dane County?

President Donald Trump has called on Republicans to ‘take over the voting’ in several jurisdictions.

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Reposted by Derek Clinger

Sasha Hupka @sashahupka.bsky.social · 11/03/2026

NEW: Top AZ officials are warning counties not to disclose voter data amid FBI, DHS probes into the 2020 election. Also: Senate President Warren Petersen says a grand jury is impaneled in state, and records show HSI asking about a prior review of the election. Read: www.votebeat.org/arizona/2026...

votebeat.org

Mayes, Fontes warn county recorders to keep voter data confidential amid escalating federal probes of 2020 election

The state’s top election officer and prosecutor warned local officials not to give sensitive voter information to federal officials, who are probing the exhaustively reviewed 2020 election in Arizona.

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Reposted by Derek Clinger

The Atlantic @theatlantic.com · 11/03/2026

Exclusive: HSI, a branch of DHS that usually investigates drug cartels and human-trafficking networks, is probing the 2020 election results in Arizona, Yvonne Wingett Sanchez, Sarah Fitzpatrick, and Nick Miroff report: theatln.tc/HJwh0Oqs

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Reposted by Derek Clinger

Bridget Lavender @bridgetlavender.bsky.social · 06/03/2026

A federal court has prohibited California from enforcing its mask ban against federal officers. A loss for California. But the opinion is actually a win for states across the country seeking to ban masking—like Washington, which recently passed a ban through both chambers of the legislature. 🧵 1/

spokesman.com

Washington Legislature passes ban on law enforcement wearing masks

OLYMPIA – Washington lawmakers passed a pair of bills Tuesday afternoon that supporters say will rein in immigration enforcement in the state.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 27/02/2026

Today, it’s almost impossible to sue federal officers for money damages if they violate your constitutional rights. As @harrisonstark.bsky.social explains in this Lawfare piece, state law could offer a solution through so-called “converse 1983” legislation. www.lawfaremedia.org/article/can-...

lawfaremedia.org

Can State Law Remedy Constitutional Violations by Federal Officers?

So-called converse 1983 statutes are percolating in statehouses across the country and could fill a critical constitutional gap.

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Reposted by Derek Clinger

Michael Li (李之樸) @mcpli.bsky.social · 21/02/2026

NEW: The Utah Supreme Court has unanimously dismissed GOP lawmakers appeal of a trial court’s ruling that they had unconstitutionally repealed anti-gerrymandering reforms enacted by voters in 2018. campaignlegal.org/sites/defaul...

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Reposted by Derek Clinger

Rick Hasen @rickhasen.bsky.social · 13/02/2026

Repeat after me: An executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law. Also: Key parts of Trump's last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections

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Reposted by Derek Clinger

Doug Bock Clark @dougbockclark.bsky.social · 10/02/2026

1/ UPDATE: The affidavit underlying the FBI raid to seize 2020 election materials in GA has been unsealed. It cited allegations conservative researcher Kevin Moncla told @ProPublica he had briefed investigators on. Witness names are redacted. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Reposted by Derek Clinger

Phil Rocco @philiprocco.bsky.social · 06/02/2026

The bind that state election officials find themselves in (needing to challenge attempts at election subversion while not repeating the threats in a way that demobilizes) is very similar to the challenge states, cities, and NGOs faced in during the 2020 Census. A few thoughts on this. / 1

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 05/02/2026

@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation even among recent Trump administration actions like suing nearly half the states for their sensitive voter data.”

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Reposted by Derek Clinger

Taniel @taniel.bsky.social · 31/01/2026

The Utah governor just signed a bill to expand his state's supreme court by two seats. Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.

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Reposted by Derek Clinger

Bridget Lavender @bridgetlavender.bsky.social · 30/01/2026

California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws. The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 29/01/2026

@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure.”

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Reposted by Derek Clinger

Justin Levitt @justinlevitt.bsky.social · 28/01/2026

This new Fulton Cnty. election search warrant raises _a lot_ of questions. The apparent relevant crime is allegedly throwing away docs in '21 or '22. What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?

electionlawblog.org

FBI execution of search warrant in Fulton #ELB

Justin here. Rick linked earlier today to what he called a “dangerous escalation” of DOJ/FBI aggressiveness in pursuing election records, when they executed a search warrant at a Fulton County electio...

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 28/01/2026

@derekclinger.bsky.social won first place in the Institute for Election Administration Funding Solutions Contest, a national contest to propose innovative election administration funding solutions. Read his winning proposal: buff.ly/qSWyilv.

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Reposted by Derek Clinger

Adam Klasfeld @klasfeldreports.com · 26/01/2026

JUDGE: “It concerns me that Attorney General Bondi’s letter cites three things that are the subject of pending litigation before this court,” referring to the District of Minnesota. "Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"

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Derek Clinger @derekclinger.bsky.social · 23/01/2026

New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings. Check it out here: go.wisc.edu/93o421 Read our deep dive on the legal issues here: go.wisc.edu/070765

go.wisc.edu

Tracker: DOJ Lawsuits Seeking States’ Sensitive Voter Data

Last Updated: January 23, 2026 As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of Justice has dema...

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Reposted by Derek Clinger

Lawfare @lawfaremedia.org · 22/01/2026

On Lawfare Daily, @annabower.bsky.social spoke with @cshaplaw.bsky.social and @bgodar.bsky.social about the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. youtu.be/YzmBR71KPW8

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Reposted by Derek Clinger

WIRED @wired.com · 22/01/2026

As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result. www.wired.com/story/dhs-da...

wired.com

DHS’s Data Grab Is Getting Citizens Kicked Off Voter Rolls, New Complaint Says

As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result.

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 15/01/2026

@uwlawdemocracy.bsky.social senior staff @derekclinger.bsky.social comments on federal court rulings blocking an executive order aimed at revising election rules nationwide, warning that the order is still having a tangible impact within the federal government. Read the full story:

buff.ly

Trump’s election executive order again set back with latest court ruling

Courts have so far blocked key provisions of the president’s executive order, but it’s had more influence over federal agencies.

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Derek Clinger @derekclinger.bsky.social · 14/01/2026

1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers. My full analysis: statedemocracy.law.wisc.edu/featured/202...

statedemocracy.law.wisc.edu

Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?

Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message “warning” the state’s r...

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Reposted by Derek Clinger

Bryna Godar @bgodar.bsky.social · 07/01/2026

In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...

statedemocracy.law.wisc.edu

Explainer: Can States Prosecute Federal Officials?

Bryna Godar, Staff Attorney PDF Available Here Published: July 17, 2025 As state and local officials increasingly clash with federal officials over immigration enforcement,[1] policing of protests,[2]...

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Derek Clinger @derekclinger.bsky.social · 19/12/2025

My latest digs into whether the federal government can force states to hand over your voter data 👇

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Reposted by Derek Clinger

Michael Li (李之樸) @mcpli.bsky.social · 26/08/2025

🚨BREAKING: A state district court has struck down Utah’s congressional map on the grounds that the legislature illegally repealed 2018 anti-gerrymandering standards approved by voters. State has until 9/24 to adopt new map.

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Reposted by Derek Clinger

Miriam Seifter @miriamseifter.bsky.social · 21/08/2025

My latest scholarship roundup up for @statecourtreport.org covers interesting new work on state constitutions, state courts, federalism, and more. (Sorry to report that it’s the back-to-school edition!) statecourtreport.org/our-work/ana...

statecourtreport.org

Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism

Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 18/07/2025

The WI Supreme Court wrapped up its 2024-25 term with high-profile decisions on abortion, legislative committee vetoes, and more. Check out @bgodar.bsky.social’s explainer for a review of the term’s key cases and a preview of what’s to come: statedemocracy.law.wisc.edu/featured/202...

statedemocracy.law.wisc.edu

Wisconsin Supreme Court 2024-25 Term Review and 2025-26 Preview

Bryna Godar, Staff Attorney PDF Available Here Published: July 16, 2025 The 2024–25 Wisconsin Supreme Court term wrapped up this summer with a series of high-profile decisions, including on abortion, ...

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Reposted by Derek Clinger

Taniel @taniel.bsky.social · 03/07/2025

NEW from me: The GOP megabill will add $171 billion to immigration enforcement and ICE, a gigantic sum that'll pour funds into a vast network of detention + hire thousands of ICE agents and fund sheriffs. I talked to an expert on just what to expect: boltsmag.org/how-the-gop-...

boltsmag.org

How the GOP Megabill Would Turbocharge Local Immigration Enforcement - Bolts

Congress is poised to pour tens of billions of dollars into more immigration detention, private jails, and border operations, plus new ICE partnerships with local police and sheriffs.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 02/07/2025

New: The Wisconsin Supreme Court ruled Wednesday that an 1849 law on abortion was impliedly repealed by later abortion legislation, so it no longer operates as a ban on abortion. Read the opinion here: www.wicourts.gov/sc/opinion/D...

wicourts.gov

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 25/04/2025

@uwlawdemocracy.bsky.social senior staff attorney @derekclinger.bsky.social published a new paper exploring whether Ohio legislators can override voter-approved laws based on the state's constitution: bit.ly/4jHMUDV

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Derek Clinger @derekclinger.bsky.social · 09/04/2025

As Ohio lawmakers consider overhauling a voter-approved initiative legalizing adult-use marijuana, my forthcoming Case Western Reserve Law Review essay argues their power to do so is much more limited than commonly assumed. papers.ssrn.com/sol3/papers....

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 17/02/2025

We've updated our election litigation tracker to cover lawsuits in state & federal courts for 2024. Some takeaways: > High volume of election litigation continued > Most suits were in state court > Majority of cases focused on the voting process go.wisc.edu/q141gm

go.wisc.edu

Election-Litigation Data: 2018, 2020, 2022, 2024 State and Federal Court Filings

Following the 2024 election, we updated our survey of election-related lawsuits to help understand the role of litigation in our elections. This update underscores key themes from our survey of litiga...

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Reposted by Derek Clinger

State Court Report @statecourtreport.org · 12/02/2025

In light of *gestures wildly* all this, a reminder that state constitutions can better protect our rights than federal law. Read & search the full text of your state's at @uwlawdemocracy.bsky.social's 50Constitutions.org, newly updated w/ full constitutional amendment histories for ten states.

statecourtreport.org

Fifty Unique, Ever-Changing State Constitutions

A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.

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Reposted by Derek Clinger

Taniel @taniel.bsky.social · 17/01/2025

NEW: Voting rights are under threat from all directions in this new era — first and foremost from conservative courts. Democracy expert extraordinaire @yeargain.bsky.social wrote for us on the 8 big legal battles you should be watching for democracy this year. boltsmag.org/voting-right...

boltsmag.org

On Voting Rights, Eight Legal Battles to Watch in 2025

From the continued threats against the Voting Rights Act to new restrictions on mail ballots and voter registration, courts will have a lot of opportunities to shape democracy this year.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 20/12/2024

The outcome of November's NC Supreme Court election is being litigated, with more than 60,000 votes being challenged. This explainer from SDRI’s @ewlau.bsky.social offers background on the dispute and how it made its way to court: statedemocracy.law.wisc.edu/featured/202...

statedemocracy.law.wisc.edu

Explainer: North Carolina Supreme Court Election Protest

Emily Lau, Staff Attorney PDF Available Here More than a month after the November 2024 election, the result of the North Carolina Supreme Court race is still uncertain. There have been two recounts—on...

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Reposted by Derek Clinger

Stephen Wolf @stephenwolf.bsky.social · 19/12/2024

The partisan asymmetry in 2024 lame-duck sessions is stark. In North Carolina, Republicans passed a sweeping power grab to take over election admin & strip power from Democrats before losing their gerrymandered supermajority. In Michigan, a few Dems thwarted the party’s last weeks of unified govt

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