Muller says DOJ's Alaska claim is "absurdly thin" and built for a press release
Derek MullerNotre Dame law professor, writing on the Election Law Blog
Writing on the Election Law Blog, Notre Dame law professor Derek Muller says DOJ's Alaska claim has essentially no likelihood of success and is designed to win the press release rather than the litigation.
“But the legal claim is so absurdly thin, there’s essentially no likelihood of success. … In short, like many Department letters over the last few years, it is designed to win the press release rather than the litigation.”
Analysis
Other statements by Derek Muller in this case
- Muller says DOJ lacks authority to block certificationSame day: Condemned
- Muller urges investigation while rejecting the amended certification claimLater: Mixed or conditional
Where this statement fits
DOJ challenges Alaska Senate certification over two Sullivans; Murkowski objects
DOJ sued Alaska over the presence of two candidates named Dan Sullivan on the Senate ballot. It seeks to prevent certification under specified conditions involving an incumbent loss and the possible effect of namesake votes. Lisa Murkowski and Mary Peltola criticize the intervention.
Source and context
Analysis
About this source
Notre Dame law professor Derek Muller's Election Law Blog post on DOJ's Alaska complaint. He argues that the complaint relies on the National Voter Registration Act's statement of purposes, that the law creates no such duties for states, and that the claim has essentially no chance of success.
Archived copy (opens in a new tab)Before the quotation
Just before this passage, Muller writes that some may react in a panic that DOJ is trying to deny certification of an election in a state, and he agrees that this is what DOJ is trying to do.
After the quotation
Muller adds that this one simply takes the form of a complaint. In a closing note, he says the prayer for relief does not actually ask for an injunction because a paragraph of the complaint is missing its verb.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case concerns DOJ's suit seeking to block certification of Alaska's Senate result. Muller says the legal claim has essentially no chance and that the suit is aimed at publicity, which condemns the action under scrutiny.
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Somin condemns the reported tactic but maintains his objection to DOJ's suit
“But the fact that this scheme is legal doesn't make it right.”Read statement
Alaska's election officials say DOJ's requested relief would threaten election integrity
State of Alaska
“Delaying certification of Alaska’s election results—but only if a particular candidate does not win—would interfere with state election administration and threaten election integrity.”Read statement
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The Dispute Index. "Muller says DOJ's Alaska claim is "absurdly thin" and built for a press release". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6968-writing-on-the-election-law-blog-notre-dame