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In a recent law review article, University of Chicago law professor William Baude writes, After the 2020 presidential election, the peaceful transfer of power can no longer be taken for granted. How well did our institutions respond to the challenges? What vulnerabilities in our electoral processes and loopholes in our laws represent the most critical threats for the future? In this Conversation, Baude shares his perspective on the 2020 presidential election and its aftermath—and particularly the efforts in certain states and in Congress led by President Trump and those who fought for him to overturn the electoral victory of Joe Biden. Baude explains how these efforts to subvert the election create a dangerous precedent. Baude contends that the courts and other institutions resisted the attempt to overturn the election reasonably well. But, he argues, we cannot be complacent about concerted attempts to undermine the electoral process, and the threats to the rule of law in the years ahead.
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