MyPillow Lands Hard in Judge Wright’s Court

Pillow and gavel graphic

Mike Steenson

In Smartmatic USA Corp. v. Lindell,[1] Smartmatic sued Michael Lindell and MyPillow, Inc. in Minnesota federal district court, alleging defamation and violation of Minnesota’s Deceptive Trade Practices Act based on Lindell’s claims of fraud in the 2020 presidential election, including that Smartmatic voting machines were rigged. This post focuses on Smartmatic’s defamation claim against Lindell and MyPillow.

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Felon Disenfranchisement: What Federal Courts Got Wrong and How State Courts Can Address It

In recent years, the country’s discourse around felon disenfranchisement has gained significant attention. Around the country, courts have addressed this issue in various forms. In nearly every case, felon disenfranchisement laws have been upheld. This Paper joins the discussion regarding the constitutionality of felon disenfranchisement. While much of the litigation to date has centered on rights guaranteed by the United States Constitution, this Paper focuses on the Minnesota Constitution. In a recent Minnesota district court case, Schroeder v. Minnesota Secretary of State, the American Civil Liberties Union (ACLU) sued the Minnesota Secretary of State, Steve Simon, arguing that Minnesota’s felon disenfranchisement statute violates the Minnesota Constitution. The Ramsey County court dismissed the case on August 19, 2020. This Paper argues that the district court erred in dismissing the case. In its order, the court relied on a narrow definition of fundamental rights, a selective historical analysis, and a national rather than international legal comparison. The court ultimately held that the power to regulate felon disenfranchisement and re-enfranchisement lies
exclusively with the legislative branch. While this may be true to an extent, this Paper argues that the legislature’s ability to regulate enfranchisement cannot go unconstrained. Indeed, it is the court’s job to ensure that the legislative branch operates within its constitutional limits.

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