Derek Muller
Law School
Professor of Law
- Election law
- Federal courts
- Voting rights
- Election administration
- Legal education
- Civil procedure
Muller’s Latest News
Muller in the News
ABC News
State law takes US a step closer to popular vote deciding presidential elections
April 22, 2024
"There's a lot of deep legal contestation over what happens next. I mean, in my judgment, I think it needs congressional consent," Derek Muller, a law professor at Notre Dame Law School, told ABC News.
The Boston Globe - subscription
New presidential ballot battles in Ohio and Alabama trigger fears election laws are being weaponized
April 11, 2024
Derek Muller, a professor at the University of Notre Dame's law school who focuses on election law.
Bloomberg
Election Fights Have Begun & Trump's Social Media Suits
Audio
April 11, 2024
Elections law expert Derek Muller, a professor at Notre Dame Law School, discusses the many lawsuits over voting rules that have already been filed.
CNN
GOP leaders pursue new lawsuits over 2024 election rules – including attacking methods of voting they want supporters to use
April 11, 2024
The willingness to bring more marginal legal cases reflects how the amount of money being put toward election litigation has increased significantly, said Derek Muller, an election law professor at the University of Notre Dame who noted that the trend also applies to Democrats and outside groups across the ideological spectrum.
Bloomberg
The 2024 US Election Is Already Being Fought in the Courts
April 04, 2024
Political parties’ legal expenses have skyrocketed to $154 million in 2022 from around $5 million in 2003, according to data compiled by Derek Muller, a law professor at the University of Notre Dame.
CBS News
How jury selection could work in Trump's "hush money" trial
Video
March 26, 2024
Notre Dame Law School professor Derek Muller and CBS News chief Washington correspondent Major Garrett join with analysis.
Reuters
U.S. News law school rankings release date set, methodology changes expected
March 20, 2024
Projections of the rankings by Spivey, Pepperdine Law Dean Paul Caron, and Notre Dame professor Derek Muller suggest New York University School of Law this year would drop to either No. 10 or 11 from the current No. 5 without a change in methodology.
Roll Call
Democrats spurn use of certification process to block a Trump win
March 20, 2024
And another from Derek T. Muller, a law professor at the University of Notre Dame who focuses on election law, urged the court to be precise in any opinion that leaves authority to Congress in that area.
Associated Press
Supreme Court opens new frontier for insurrection claims that could target state and local officials
March 20, 2024
Derek Muller, a Notre Dame law professor, said he wouldn’t be surprised if Section 3 litigation eventually targets people for reasons well beyond Jan. 6.
Rolling Stone
Potential 2024 ‘Chaos’: Election Deniers Refusing to Certify Results
March 18, 2024
... Derek Muller, a professor at Notre Dame Law School who has written about the issue of local certification of elections.
Arizona Mirror
Kari Lake and Mark Finchem appeal their tabulator case to the U.S. Supreme Court
March 18, 2024
Even with their claims of new evidence, Derek Muller, a professor of law at Notre Dame Law School, told the Arizona Mirror that he believes the case is “a longshot.”
The Economist
Third-party candidates could be decisive in America’s election
March 08, 2024
Derek Muller of the University of Notre Dame reckons that “it's not difficult” to get on the ballot in 30 states.
The Washington Post
Trump ballot ruling raises new questions even as it answers others
March 08, 2024
University of Notre Dame law professor Derek Muller agreed the majority opinion left the question muddled.
CNN
Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered
March 06, 2024
“It appears the court is limiting how Congress goes about enforcing Section 3 through legislation, which may also limit Congress if it attempts to refuse to count electoral votes,” said Derek Muller, an election law expert at Notre Dame Law School.
The Washington Post
Supreme Court rejects Colorado ruling, keeps Trump on ballot nationwide
March 05, 2024
Derek Muller, a Notre Dame Law School professor closely following the case, said the court’s decision “does not resolve the contentious insurrection issues, which will remain live and disputed in the public domain in the months to come.
Colorado Public Radio
U.S. Supreme Court shoots down Trump eligibility case from Colorado
March 05, 2024
“Colorado can’t do this and really no other state can do this in the primary or general election,” said Derek Muller, a constitutional law expert and law professor at the University of Notre Dame Law School.
Bloomberg
Barrett Chides Supreme Court Colleagues in Trump Ballot Rebuke
March 05, 2024
Notre Dame election law professor Derek Muller agreed that the majority’s opinion “would close the door to some post-election challenges that might otherwise be left open by the decision.”
NPR
A unanimous Supreme Court restores Trump to the Colorado ballot
March 05, 2024
Derek Muller, an election law professor at Notre Dame, said in a statement the Supreme Court decision today "shuts the door on any exclusion of Trump from the ballot in any state, either in the primary or the general."
Politico
‘They didn’t do it clearly enough’: SCOTUS ruling prompts worries of another Jan. 6 crisis
March 05, 2024
“I think today’s opinion will at least close the door on some of that discourse,” said Derek Muller, a constitutional scholar at the University of Notre Dame.
USA Today
Supreme Court rules Donald Trump can stay on Colorado ballot ahead of Super Tuesday
March 04, 2024
otre Dame Law School Professor Derek Muller said the contentious insurrection issue will "remain live and disputed in the public domain in the months to come."
Salon
Legal scholars question whether Dems could use Supreme Court ruling to “invalidate Trump’s victory”
March 04, 2024
Derek Muller, a law professor at Notre Dame University, disagreed that the court opened the door to a post-election challenge, noting that the liberal justices in their opinion complained that the majority ruling forecloses any other ways for Congress to enforce the provision, according to the AP.
NBC News
After Trump wins at the Supreme Court, some warn it may be harder for Congress to boot 'oathbreaking insurrectionists'
March 04, 2024
Derek Muller, an election law expert at Notre Dame Law School, said it seemed the majority wanted to "close that door."
Associated Press
Supreme Court restores Trump to ballot, rejecting state attempts to ban him over Capitol attack
March 04, 2024
Derek Muller, a law professor at Notre Dame University, said “it seems no,” noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision.
Los Angeles Times
Supreme Court rules Trump will stay on Colorado ballot despite Jan. 6 attack
March 04, 2024
“This decision does not resolve the contentious insurrection issues, which will remain live and disputed in the public domain in the months ahead,” said Derek Muller, a Notre Dame law professor.
CBS News
Legal analysis of Supreme Court's Trump ballot ruling
Video
March 04, 2024
CBS News election law contributor David Becker and Derek Muller, professor for Notre Dame Law School, discuss the legal aspects of the ruling.
The Conversation
Supreme Court says only Congress can bar a candidate, like Trump, from the presidency for insurrection − 3 essential reads
March 04, 2024
As Notre Dame election law scholar Derek Muller observed: "States are the ones who have the primary responsibility of running presidential elections.
USA Today
Colorado votes Tuesday. The Supreme Court hasn't said if votes for Trump will count.
March 03, 2024
Given the justices’ apparent consensus during oral arguments, it’s taking longer than many people anticipated for a decision, said Notre Dame Law School Professor Derek Muller, who has been closely following the ballot eligibility issue.
AEI
Can Trump Stay on the Ballot? Recapping Trump v. Anderson
Audio
February 15, 2024
Co-hosts John Fortier and Don Palmer are joined by Rick Hasen (Professor of Law at UCLA Law) and Derek Muller (Professor of Law at Notre Dame Law School), to discuss Trump v. Anderson.
CNN
Why a Supreme Court easy out in Trump ballot battle could lead to post-election chaos
February 13, 2024
If Trump wins in November, it’s possible some Democrats would try to reject votes cast for Trump, said Derek Muller, a law professor at Notre Dame who has followed the case closely.
EWTN
The Fallout from Former President Donald Trump's Appeal
Video
February 13, 2024
Law Professor at the University of Notre Dame and nationally recognized scholar in the area of election law, Derek Muller, joins to share more on the fallout from former President Donald Trump's appeal and what it means for the January 6th federal case.
The Washington Post
Supreme Court poised to allow Trump to remain on Colorado ballot
February 09, 2024
Derek Muller, a University of Notre Dame law professor who has been closely following the case, said Thursday’s arguments showed both liberals and conservatives on the court are “uncomfortable with the notion that it was going to be the decider here.”
CBS News
Supreme Court appears skeptical of Trump Colorado ballot ban
Video
February 09, 2024
Notre Dame Law School professor Derek Muller and Harvard Law School professor Lawrence Lessig join "America Decides" to unpack how the justices seemed to be responding.
Bloomberg
Bloomberg Law: Supreme Court Likely to Reject Challenge to Trump's Ballot Eligibility
Audio
February 09, 2024
Derek Muller, a professor at Notre Dame Law School, and Harold Krent, a professor at the Chicago-Kent College of Law, discuss the Supreme Court oral arguments on Colorado's removal of Trump from the ballot.
USA Today
Supreme Court grapples with leaving Donald Trump on presidential ballot in Colorado: 7 takeaways
February 08, 2024
“The court seemed inclined to let the political process play out,” said Notre Dame Law School Professor Derek Muller, who has been closely following the ballot eligibility issue.
The Guardian
What to watch for at US supreme court oral arguments on keeping Trump off 2024 ballot
February 08, 2024
“I don’t think [the court] wants to be involved in these disputes,” the University of Notre Dame law professor Derek Muller told the Guardian’s Sam Levine in his excellent preview of the hearing.
Bloomberg
Trump Backers Dodge Jan. 6 in Supreme Court Ballot Case
February 08, 2024
Notre Dame law professor Derek Muller said on Bloomberg Law’s “Cases and Controversies” podcast that the question of whether Jan. 6 was an “insurrection” for purposes of the Section 3 involves “a lot of deep in the weeds factual questions.”
The Hill
Trump’s 14th Amendment case reaches Supreme Court: What to expect
February 08, 2024
“Trump’s briefing so far has really leaned into the argument that the presidency is not an office of the United States, which means that presidency is not covered by Section 3, and therefore, this whole case should disappear,” said Derek Muller, a law professor at Notre Dame who filed a brief in the matter.
The Conversation
Supreme Court skeptical that Colorado − or any state − should decide for whole nation whether Trump is eligible for presidency
February 08, 2024
The Conversation’s senior politics and democracy editor, Naomi Schalit, spoke with Notre Dame election law scholar Derek Muller after the oral arguments.
CNN
Analysis: Justices could place Trump back on the ballot in Colorado
February 08, 2024
Derek Muller, an election law expert at Notre Dame Law School who filed a neutral brief that offered analysis of key legal questions, said after the hearing that the justices are likely to put Donald Trump back on the ballot in Colorado.
Bloomberg
US Silence on Trump Ballot Battle Signals Caution Over Election
Audio
February 07, 2024
“That’s at least an understandable minimum threshold to say ‘we’re not going to step in where the outcome of this particular election or candidacy is at stake,’” Notre Dame law professor Derek Muller said on Bloomberg Law’s “Cases and Controversies” podcast.
Roll Call
Supreme Court could toss Trump eligibility dispute to Congress
February 07, 2024
Several arguments made in the case offer the Supreme Court an opportunity to defer the dispute to a different branch of government, said Derek T. Muller, a law professor at the University of Notre Dame who focuses on election law.
EWTN
Federal Appeals Court Rules Trump is Not Immune for Alleged Crimes
February 07, 2024
Law Professor at Notre Dame Law School, Derek Muller, joins to share how significant this ruling is.
The Guardian
US supreme court to hear arguments on keeping Trump off 2024 ballot
February 07, 2024
I think, on a bipartisan basis, there’s an interest on staying as far away from these issues as possible,” said Derek Muller, a law professor at the University of Notre Dame, who wrote an amicus brief in the case that wasn’t in support of either party.
ProPublica
“Disenfranchisement and Chaos”: The Supreme Court Hears Pivotal Case on Whether Trump Is Eligible to Run for President
February 06, 2024
“It’s very strange to name the Senate and House but not the president,” said Derek Muller, a Notre Dame law professor, characterizing this position.
Associated Press
Here’s how 2 sentences in the Constitution rose from obscurity to ensnare Donald Trump
February 05, 2024
“The cases have gone poorly for Trump,” Derek Muller, a Notre Dame law professor who has followed the cases closely, wrote Friday in a blog post.
Bloomberg
Trump Ballot Clash Thrusts Supreme Court Into 2024 White House Race
February 05, 2024
“Frankly, I think that’s one of his stronger arguments,” said Derek Muller, a University of Notre Dame election-law professor.
Bloomberg
High Court ‘Friends’ Urge Caution in Trump Ballot Case
Audio
February 05, 2024
Notre Dame Law School professor Derek Muller joins “Cases and Controversies” to explain the legal issues at play and the potential impacts of a court ruling that fails to give a definitive answer before the presidential election.
The Washington Post
Did Trump commit insurrection on Jan. 6? The Supreme Court could decide.
February 02, 2024
“It’s hard to say where the court’s going to go on this,” said University of Notre Dame law professor Derek Muller.
CNN
Trump’s critics hope that Antonin Scalia can sway the Supreme Court in 14th Amendment fight
February 01, 2024
“Invoking Scalia is kind of an attempt to cite some moral authority for one of the court’s great originalists,” said Notre Dame Law School Professor Derek Muller, an expert on the case. “They’re not just citing anyone.”
USA Today
Iowa bill aims to clear path for Trump by banning 14th Amendment primary ballot challenges
January 29, 2024
“It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution,” Derek Muller, an election law professor at the University of Notre Dame Law School, said of the bill.
Fox News
Iowa secretary of state introduces bill that could limit 14th Amendment ballot challenges against Trump
January 26, 2024
"It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution," Derek Muller, an election law professor at the University of Notre Dame Law School, told the Des Moines Register of the proposal.
Des Moines Register
Iowa Secretary of State's bill would bar 14th Amendment ballot challenge for Donald Trump
January 25, 2024
"It would pretty clearly foreclose any challenge to a presidential candidate for being not qualified under the United States Constitution," Derek Muller, an election law professor at the University of Notre Dame Law School, said of the bill.
Bloomberg
Big Law Skews Liberal in Amicus Briefs, New Study Finds
January 17, 2024
In a paper forthcoming in the Harvard Journal of Law and Public Policy, University of Notre Dame law professor Derek Muller takes a new and interesting approach to identifying the ideological leanings of large law firms.
The Conversation
US Supreme Court decision on Trump-Colorado ballot case ‘monumental’ for democracy itself, not just 2024 presidential election
January 09, 2024
The Conversation’s senior politics and democracy editor, Naomi Schalit, spoke with Notre Dame election law scholar Derek Muller about the Supreme Court’s decision to take the case, which will rest on the court’s interpretation of a post Civil War-era amendment aimed at keeping those who “engaged in insurrection or rebellion” from serving in political office.
AFP, including Yahoo News, Barron's +50 others
Trump cases thrust US courts into the political fray
January 09, 2024
Derek Muller, a law professor at the University of Notre Dame, noted that courts are "asked to decide tough questions all the time."
AFP, including Yahoo News +65 others
Trump in court for hearing on 'absolute immunity' claim
January 09, 2024
Derek Muller, a law professor at the University of Notre Dame, said he believes Trump, the first former US president ever to face criminal charges, faces an "uphill battle" in the immunity case.
Law.com
Which States Are Disqualifying Trump From 2024 Presidential Election Ballots?
January 08, 2024
Notre Dame Law School professor Derek T. Muller said, “Trump only needs to win on one.”
Associated Press
The Supreme Court will decide if Donald Trump can be kept off 2024 presidential ballots
January 08, 2024
Prof. Derek T. Muller of the University of Notre Dame's law school said, "The court quite clearly understands the high stakes of the case and is aware that Colorado is just the first of many challenges this year."
The New York Times
Trump Ballot Challenges Advance, Varying Widely in Strategy and Sophistication
January 04, 2024
Derek Muller, an election law expert and professor at Notre Dame’s law school, said Mr. Castro risked creating unfavorable precedent with his failed lawsuits.
The Wall Street Journal
Trump Asks Supreme Court to Overturn His Removal From Colorado Primary Ballot
January 04, 2024
Trump’s appeal request leaves the Supreme Court with “a variety of options at its disposal” to rule on the case, from narrow, strictly legal questions to broader ones about Trump’s state of mind on Jan. 6, 2021, said Notre Dame Law School professor Derek Muller.
Bloomberg
Trump’s Ballot Fight Plunges the Supreme Court Into the 2024 Election
January 04, 2024
“If you are not eligible to serve in the office, Congress might not count the votes for you,” said Derek Muller, a University of Notre Dame law professor who specializes in election law.
USA Today
In the Supreme Court's hands: How will the justices rule on Trump's ballot appeal?
January 04, 2024
"The court will feel pressed to move quickly as voters soon begin casting their votes around the country," said Notre Dame Law School Professor Derek Muller, who has been closely following the ballot issue for months.
EWTN
The Legality of the Ballot Bans Against Trump
Video
January 03, 2024
Regarding the legal questions at the center of the ballot bans, Election Law Professor at the University of Notre Dame, Derek Muller, joins to explain a bit about this appeal process and how soon we might see a decision rendered.
Axios
Supreme Court won't weigh in now on Trump's immunity claims in 2020 election case
January 02, 2024
This is an effort to keep that trial date as much as reasonably possible with existing legal mechanisms," Derek Muller, a University of Notre Dame law school professor, told Axios after Smith's request.
Associated Press
Maine secretary of state who opted to keep Trump off primary ballot is facing threat of impeachment
January 02, 2024
There will be major pressure on the Supreme Court to offer clarity very soon,” said Derek Muller, a Notre Dame Law School professor and election law scholar.
The New York Times
How the Supreme Court May Rule on Trump’s Presidential Run
January 02, 2024
“This is a fraught political issue,” said Derek Muller, a law professor at the University of Notre Dame.
The New York Times
Colorado Ruling Knocks Trump Off Ballot: What It Means, What Happens Next
January 02, 2024
“This is a major and extraordinary holding from a state supreme court,” Derek Muller, a law professor at the University of Notre Dame, wrote on the Election Law Blog.
The Washington Post
Supreme Court faces pressure to decide if Trump is on the 2024 ballot
January 02, 2024
“In Bush v. Gore they ruled in three days,” said University of Notre Dame law professor Derek Muller, citing the decision that determined George W. Bush won the 2000 presidential election.
Politico
Playbook: The 14th Amendment has its moment
January 02, 2024
“In Bush v. Gore they ruled in three days,” University of Notre Dame law professor DEREK MULLER told the Washington Post.
The Hill
Will Trump’s disqualification case be Bush v. Gore for 2024?
January 02, 2024
Notre Dame law Professor Derek Muller has suggested that the court will “coalesce around a consensus unanimous opinion.”
The Hill
Trump’s legal woes thrust Supreme Court into 2024 chaos
January 02, 2024
“It seems strange to allow the process to continue to play out, so I do think it’s going to force the court’s hand,” said Derek Muller, a law professor at the University of Notre Dame whom the judges cited in the Colorado ruling.
Newsweek
Will Supreme Court Save Donald Trump? Legal Experts Give Predictions
December 21, 2023
"It's an extraordinary decision that puts Trump's election campaign in major legal jeopardy. It also will put a lot of pressure on the Supreme Court to review the decision," Derek T. Muller, a law professor at the University of Notre Dame in Indiana told Newsweek.
Axios
Supreme Court showdown with Trump
December 21, 2023
"There's no winning," Notre Dame law professor Derek Muller told Axios.
CNN
Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot
December 20, 2023
Derek Muller, an election law expert at Notre Dame Law School, said Wallace’s conclusions about Trump’s role in the insurrection were “remarkable.”
Associated Press
Donald Trump banned from Colorado ballot in historic ruling by state's Supreme Court
December 20, 2023
“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday’s ruling.
The New York Times
Colorado Ruling Knocks Trump Off Ballot: What It Means, What Happens Next
December 20, 2023
“This is a major and extraordinary holding from a state supreme court,” Derek Muller, a law professor at the University of Notre Dame, wrote on the Election Law Blog.
The Washington Post
Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court
December 20, 2023
Derek Muller, a University of Notre Dame law professor who has studied the cases challenging Trump’s candidacy, called the Colorado decision unlike any other in history.
CNN
The Supreme Court may decide the 2024 election. Here’s how
December 20, 2023
“It’s not an ideal situation for anyone, but I think there’s no question that with any adverse judicial decision, Trump will turn it into campaign talk,” said Derek Muller, an election law professor at Notre Dame Law School.
Los Angeles Times
Trump’s fate rests with Supreme Court in two unprecedented cases
December 20, 2023
Notre Dame law professor Derek Muller called the Colorado decision “a major and extraordinary holding from a state supreme court.
The Wall Street Journal
Colorado Trump Ban Puts Supreme Court in Hot Seat
December 20, 2023
The case “exerts major pressure on the Court,” said Derek T. Muller, an election-law professor at Notre Dame Law School, and taking it will require the justices “to step into the thorniest of political thickets.”
Colorado Newsline
ELECTION 2024 JUSTICE Colorado Supreme Court blocks Trump from 2024 ballot in historic insurrection ruling
December 20, 2023
Derek Muller, a Notre Dame law professor who has followed the case closely, called the Colorado decision a “major and extraordinary holding” that will require the U.S. Supreme Court “to step into the thorniest of political thickets.”
Al Jazeera
Colorado’s top court finds Donald Trump ineligible for US presidency
December 20, 2023
“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the cases, told the Associated Press news agency after Tuesday’s ruling.
The Telegraph
What the Colorado ruling means for Donald Trump
December 20, 2023
Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said the ruling is “a major threat to Trump's candidacy.
Business Insider
What happens now that Trump is disqualified from running for office in Colorado?
December 20, 2023
Notre Dame Law School professor Derek Muller, an election law scholar, told Business Insider he believes the Supreme Court will be inclined to hear the case because it deals with the 14th Amendment — which has never been subject to interpretation by the Supreme Court in the 150 years it has been in place.
Business Insider
Colorado Supreme Court rules Trump disqualified from the 2024 primary ballot
December 20, 2023
Critics of the suit have argued that CREW's argument and Colorado's subsequent ruling limit voters' rights to choose who to cast their ballot for — but election law scholar and Notre Dame Law School professor Derek Muller told Business Insider the existing qualifications for office are designed to prevent people from voting for who they want to.
Bloomberg
Trump Barred From Colorado Ballot in Unprecedented Ruling
December 20, 2023
“This is an extraordinary holding from the Colorado Supreme Court,” said Derek Muller, a law professor at the University of Notre Dame.
USA Today
Supreme Court may want to avoid Trump. Colorado's ballot ruling won't let them
December 20, 2023
"It exerts major pressure on the court," said Notre Dame Law School Professor Derek Muller. "Even inaction would functionally exclude (Trump) from not just Colorado but perhaps other states."
Bloomberg
SCOTUS Asked to Rule on Trump Immunity Claims
Audio
December 14, 2023
Derek Muller, a professor at Notre Dame Law School, discusses the Special Counsel asking the Supreme Court to decide whether Donald Trump is entitled to absolute presidential immunity against criminal charges over his efforts to overturn the 2020 presidential election.
The New York Times
Special Counsel Asks Supreme Court to Decide if Trump Is Immune From Prosecution
December 12, 2023
Derek Muller, a law professor at Notre Dame, said the procedure remained unusual.
USA Today
In 'extraordinary' move, prosecutors ask Supreme Court to decide if Trump may claim immunity
December 11, 2023
"It's always a longshot bid for the Supreme Court to hear a case like this, without waiting for the process to play out in the lower courts," said Notre Dame Law School Professor Derek Muller.
The Washington Post
U.S. prosecutors ask Supreme Court to quickly take up Trump immunity claims
December 11, 2023
Derek Muller, a University of Notre Dame law school professor, described Monday’s filing as rare and said Smith was asking the Supreme Court for “extraordinary relief.”
Newsweek
Donald Trump Could Be Disqualified Due to 55-Year-Old Ruling
December 08, 2023
Derek T. Muller, a law professor at the University of Notre Dame in Indiana, has filed a briefing to the Colorado Supreme Court. In it, he said that there have been several cases where presidential candidates were excluded from the ballot because they were deemed ineligible under the U.S constitution.
CNN
Major ruling looms after Colorado Supreme Court hearing on whether the ‘insurrectionist ban’ applies to Trump
December 07, 2023
“The justices struggled with whether Colorado courts even have power to hear cases like this,” said Derek Muller, an election law expert at Notre Dame Law School who filed a brief that was neutral on disqualifying Trump.
Fox News
How exodus from Congress could shape 2024 election
December 05, 2023
"Retirements can take many forms. Members seek another office or another career opportunity, or they simply get tired with the job after doing it for many years," Derek T. Muller, professor of law at Notre Dame Law School, told Fox News Digital.
USA Today
Are attacks on Trump witnesses 'par for the course'? Why the gag orders are hard to enforce.
December 04, 2023
“It’s a delicate balancing that the courts are going through," said Derek Muller, a lawyer professor at the University of Notre Dame. "I envy no one in trying to balance them in a case like this."
Bloomberg
Voting Rights Law Faces More Setbacks With Conservative Judges
November 29, 2023
Derek Muller, a law professor at the University of Notre Dame who studies election law, said that federal appeals courts with a number of judges appointed by Trump and other Republicans, including the Eleventh and Eighth circuits, tend to have a more conservative approach to interpreting statutes.
Associated Press
Colorado judge finds Trump engaged in insurrection, but rejects constitutional ballot challenge
November 20, 2023
“It’s a stunning holding for a court to conclude that a former president engaged in insurrection against the United States,” said Derek Muller, a Notre Dame law professor who has followed the case closely.
CNN
Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot
November 20, 2023
Derek Muller, an election law expert at Notre Dame Law School, said Wallace’s conclusions about Trump’s role in the insurrection were “remarkable.”
USA Today
With three major recent losses, is the effort to knock Trump off ballots in 2024 over?
November 20, 2023
But Derek Muller, a University of Notre Dame law professor who has closely followed the issue, said it’s too soon to declare the effort to knock Trump off the ballot over.
Associated Press
Closing arguments set for lawsuit to bar Trump from Colorado ballot
November 16, 2023
“There’s this very public fight, in all these colloquial terms, about whether it’s an insurrection, but it really comes down to brass tacks defining what this constitutional term means,” Derek Muller, a Notre Dame law professor who’s followed the litigation closely, told the Associated Press.
USA Today
Taking Trump off the ballot in 2024? Minnesota Supreme Court grapples with the issue
November 03, 2023
"States are looking to start printing and mailing ballots in January so these cases are moving very quickly and Minnesota might be the first state supreme court to issue a decision," said Derek Muller, a University of Notre Dame law professor.
CNN
Minnesota Supreme Court appears skeptical of removing Trump from 2024 ballot
November 03, 2023
Derek Muller, an election law expert at Notre Dame Law School, filed a brief in the case that was neutral on Trump’s eligibility but offered analysis of key legal questions.
North Carolina Public Radio
Trump candidacy challenge has echoes of case against former NC Rep. Cawthorn
November 03, 2023
Courts will now contend with thorny legal questions, such as what actually constitutes a rebellion and whether Congress needs to make that clearer through legislation before courts can weigh in, according to Professor Derek Muller, an elections law expert at the University of Notre Dame in South Bend, Indiana.
CNN
What to know about the 14th Amendment Trump disqualification trial in Colorado
October 31, 2023
"We’ve never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility,” said Derek Muller, an election law expert at Notre Dame Law School who filed a brief in a similar case that was neutral on disqualifying Trump but gave analysis for key legal questions.
Associated Press
Arguments in lawsuit using ‘insurrection’ clause to knock Trump off presidential ballots begins
October 31, 2023
“We’ve had hearings with presidential candidates debating their eligibility before — Barack Obama, Ted Cruz, John McCain,” said Derek T. Muller, a Notre Dame law professor, listing candidates challenged on whether they met the constitutional requirement of being a “natural born citizen.”
Newsweek
Donald Trump Faces Being Struck off Ballot in Two States
October 26, 2023
"It's the first domino to fall. We've never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility," Derek Muller, an election law expert at Notre Dame Law School, told CNN.
The Atlantic
The Queens Man Ruled Ineligible to Be President
October 19, 2023
“Hassan is kept off, because he’s not a citizen,” Derek T. Muller, a law professor at Notre Dame who has written about the legal significance of Hassan’s case, told me.
USA Today
Judge in election conspiracy case sets limits on Donald Trump comments
October 16, 2023
Derek Muller, a law professor at the University of Notre Dame said the bench order appeared narrowly tailored, but enforcing the eventual written order could still become a challenge.
Reuters
Law school financial data is about to get more transparent
October 05, 2023
A May analysis of Education Department data by Notre Dame law professor Derek Muller found that Western Michigan University Cooley Law School; Atlanta's John Marshall Law School, and Appalachian School of Law were among the schools with the highest debt-to-income ratios.
CNN
GOP fake electors charged in Georgia try to move case to federal court
September 20, 2023
Derek Muller, an election law expert who teaches at the Notre Dame Law School, said he believes it’ll be a “heavy lift” for their argument to prevail in court.
CNN
Election officials reject calls to unilaterally block Trump from ballot using 14th Amendment but will defer to courts
September 15, 2023
“Many states do not have a law on the books empowering the secretary of state to judge the eligibility of presidential candidates,” said Derek Muller, an election law expert who teaches at the Notre Dame Law School.
Washington Times
Efforts to disqualify Trump for reelection create a prime case for the Supreme Court’s consideration
September 12, 2023
Derek T. Muller, a law professor at the University of Notre Dame, said a secretary of state’s authority over removing Mr. Trump’s name from the ballot depends on state law.
The New York Times
Colorado Lawsuit Seeks to Keep Trump Off Ballots Under 14th Amendment
September 07, 2023
Derek Muller, a professor at Notre Dame Law School, emphasized that standing requirements are looser in state courts than in federal courts, especially when it comes to voters’ ability to challenge candidates’ eligibility.
The Washington Post
Is Trump disqualified for 2024? Here’s how we’ll soon find out.
September 05, 2023
“The odds are high that at least one gets to the merits and decides whether Trump participated in an insurrection that disqualifies him,” said Derek Muller, a law professor at the University of Notre Dame.
C-SPAN
Derek Muller on the Supreme Court Decision in Moore v. Harper
August 25, 2023
University of Notre Dame law professor Derek Muller talked about the Supreme Court decision in Moore v. Harper, which found the Constitution does not allow a state to regulate federal elections, rejecting a broad interpretation of the so-called “independent state legislature” theory.
Los Angeles Times
This issue could knock Trump off ballots nationwide. Get ready for it to dominate primary season
August 21, 2023
“People are not anticipating how pervasive these will be,” said Notre Dame law professor Derek Muller, an election law expert.
Bloomberg
DeSantis Crushes Trump in Cash From Lawyers Seeking Alternative
August 17, 2023
“To the extent that attorneys are looking for an alternative on the Republican side, it’s no surprise to see them coalescing around DeSantis,” said Derek Muller, a Notre Dame University law professor who has studied lawyers’ political contributions.
Detroit News
16 false Trump electors face felony charges in Michigan
July 19, 2023
Derek Muller, a law professor at Notre Dame Law School, said the criminal charges leveled are a "fraught" area of the law.