Walter Olson

@walterolson.bsky.social

28223 Followers 1308 Following

Writer on law etc.; Cato Institute. Election law, Maryland civic stuff, cooking. Blogged at Overlawyered back when. No kings, no tyrants.

Big pot with skewered roll-ups, tongs are grabbing one of them.
Two photos side by side, the first of Rue McClanahan (Golden Girls) in a purple blouse and black slacks, the second of arrested Andrew Tate attired similarly, captioned "Blanche wore it best."
Many white lilies amid greenery.
Copper pot with red soup and wooden spoon.
Screenshot of four panelists from LibCon with descriptions: Kathrina Wolfkot Senior Counsel Brennan Center for Justice at NYU School of Law Kevin Williamson National Correspondent The Dispatch Walter Olson Senior Fellow Cato Institute Jessica Bulman-Pozen Betts Professor of Law Columbia Law School
Mess o’ greens in pot.
Screenshot reading: “A few additional points: Trump now makes much of a claim that China “obtained” some voter files, This in itself means nothing; you can buy or rent voter files from states that make them public information. The intelligence community, which follows these issues every cycle, found some hostile powers probed for information but there was zero evidence that they had any capacity to, or did, alter votes or tabulations of votes. Ironically, the apparent goal of hostile powers like Russia in some of these messing-around efforts was to stir doubt about the integrity of American democracy, the same thing Trump is doing. Defector Miles Taylor, by the way, says that while Trump was presented with intelligence reports both about foreign powers’ promoting of his opponents and about foreign powers’ promotion of his own election, he was interested exclusively in the former.”
Screenshot reading: “Here’s my statement submitted to Cato on Trump’s speech tonight. (Subject to editing before release.) “Donald Trump, the sorest loser in American presidential history, is out with a rewarmed farrago of nonsensical, oft-refuted, and fanciful theories seeking to deny his 2020 election loss. His own federal agencies studied the role of foreign powers at the time and no such powers changed the result. Trump displays a sinister zeal in his efforts to undermine Americans' confidence in our election system, but the Constitution gives him no power to replace it with any other system.”
Dish of large white beans and vegetables.
Screen clip from Reason magazine with illustration of Donald Trump with tennis shoes, coin with his profile, bible and jukebox. Text: "Trump's 'Anti-Weaponization Fund' Marks a Pattern of Trying To Profit From the Presidency Since the beginning of his first term, the president has repeatedly used his office for personal gain. Jacob Sullum | 7.9.2026 1:20 PM"
"Democracy & Elections Expert Panel" graphic with NextGen logo plus six portraits labeled: Mia Charity, moderator; John Fortier, American Enterprise Institute; David Griffith, Thomas B. Fordham Institute; Walter Olson, Cato Institute; Zaid Zaid, Orange Court Strategies; and Amari Fennoy, NAACP.
X post with graphic of man pointing gun execution style, with message “First the traitors / then the invaders” and comment from an X user, “No point in bailing the boat while traitors are still busy chopping holes in the bottom”, with response from @elonmusk: “Yes”
Screenshot reading: "Today, the Supreme Court held in Chatrie v. United States that the government conducted a Fourth Amendment search when it used a geofence warrant to obtain user Location History from Google. The majority extended Carpenter v. United States, holding that people have a reasonable expectation of privacy in their cell phone's location records. The Court did not decide whether the specific warrant here was valid, leaving that question for the Fourth Circuit on remand. Cato filed an amicus brief urging the Court to ground its Fourth Amendment analysis in the constitutional text rather than the malleable reasonable-expectation-of-privacy test. In his concurring opinion, Justice Gorsuch agreed. Citing Cato’s brief, Gorsuch argued that Chatrie’s Location History is his personal property and that a search occurred under the plain meaning of the Fourth Amendment. While the validity of the geofence warrant itself awaits resolution on remand, today’s decision makes clear that Fourth Amendment protections do not evaporate at the frontier of new technology. For media inquiries, please contact Matthew Cavedon (mcavedon@cato.org) or Laura Bondank-Harmon (lbondank@cato.org)."
Screenshot of draft Cato Institute press release, reading: "Following today's Supreme Court decision in RNC v. Watson, Walter Olson, a senior fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies, released a statement: "In my view, there are plausible policy reasons to specify that all ballots should be in hand, not simply in the mail, by Election Day. But the Supreme Court was not presented today with that, or any, policy question. It was asked to resolve the narrow question of whether the laws passed by Congress have all along forbidden states from allowing grace periods. Justice Amy Coney Barrett, writing for a five-justice majority, found that current law is best construed as leaving the issue to the discretion of states, as is common in our constitutional election system. "Eager to address policy implications, Justice Samuel Alito's dissent warns against absentee ballots generally and says the majority’s decision 'opens Pandora’s box.' By his analogy, however, Pandora's box has been lying open for years, as many states have long observed grace periods (including, here, the conservative state of Mississippi). Perhaps bad experience with grace periods, especially long ones, will lead states to retreat, or perhaps Congress will use its Constitutional power to prescribe a new uniform rule. Either way, those are policy questions for legislators and not for the Court to resolve today." Stephen Richer, a legal fellow with Cato’s Robert A. Levy Center for Constitutional Studies, also released a statement: "Whether or not this makes for good public policy is certainly debatable. But this ruling is a major sigh of relief for election administrators in 15 states. A ruling in favor of the RNC would have created a whole host of last-minute administrative challenges." To speak with Olson or Richer further on today's decision, contact Christopher Tarvardian. Christopher Tarvardian Media Relations Manager"
Screenshot from Supreme Court opinion, reading: "CHATRIE v. UNITED STATES GORSUCH, J., concurring in judgment Ann. §18.2–152.2 (2021). Altering or making an unauthorized copy of computer data can constitute the crime of “computer trespass” (another property law concept). §§18.2– 152.4(A)(3), (6). And the State provides a right to sue for anyone “whose property or person is injured” by violations of the Act (again suggesting a right to exclude). §18.2– 152.12(A). Nor is Virginia some outlier. In Texas, “computer . . . data” can constitute “[p]roperty.” Tex. Penal Code Ann. §33.01(16) (West Cum. Supp. 2025). State law likewise criminalizes “knowingly access[ing] . . . a computer, computer network, or computer system . . . with the intent to obtain or use a file, data, or proprietary information” for a prohibited purpose. §33.02(b–1)(2)(C) (West 2016). Once more, as well, those whose “property has been injured” by certain computer crimes may bring a “civil cause of action.” Tex. Civ. Prac. & Rem. Code Ann. §143.001 (West 2019). Georgia has a similar regime. See Ga. Code Ann. §§16–9– 93(b), (g) (2018) (criminalizing “[c]omputer [t]respass” and providing a private right of action for such violations). And, it appears, so do many other States. See Brief for Cato Institute as Amicus Curiae 14–15, and n. 5 (“Today, more than half of states . . . treat digital records and data as personal property,” and “[m]any” of them “make it illegal for private actors to access or convert another person’s digital data”); see also, e.g., People v. Seymour, 536 P. 3d 1260, 1273 (Colo. 2023) (finding that “law enforcement’s copying of [the defendant’s] search history meaningfully interfered" Highlighting on sentence mentioning Cato Institute
Threads post by Joy Scaglione, against background of Puritan scene: "I saw Goody Proctor throwing algae into the reflecting pool."
Two food plates and a dip dish.
Blue Onion plate with split roll topped with red spread.
Fish, greenery and rice on a plate.
Screenshot of excerpt from W.S. Gilbert's Iolanthe, reading: "Enter Lord Chancellor. Lord Chancellor. Victory! Victory! Success has crowned my efforts, and I may consider myself engaged to Phyllis! At first I wouldn’t hear of it – it was out of the question. But I took heart. I pointed out to myself that I was no stranger to myself; that, in point of fact, I had been personally acquainted with myself for some years. This had its effect. I admitted that I had watched my professional advancement with considerable interest, and I handsomely added that I yielded to no one in admiration for my private and professional virtues. This was a great point gained. I then endeavoured to work upon my feelings. Conceive my joy when I distinctly perceived a tear glistening in my own eye! Eventually, after a severe struggle with myself, I reluctantly – most reluctantly – consented."
Pot with brown dots and green and red streaks.
Screenshot reading: "Walter Olson, a senior fellow at the Cato Institute's Robert A. Levy Center for Constitutional Studies, who has written extensively on elections and redistricting law, said the poll findings reflect a longstanding voter preference that has survived the redistricting battles. "For decades both Republican and Democratic voters as well as independents have told pollsters they prefer a system where lines are drawn in a neutral rather than partisan way," Olson told The Center Square. "That underlying sentiment remains despite the past year's descent into the mud." Olson said the costs of last-minute redistricting fall on voters, election administrators and candidates alike. "The later they settle it, the more aggrieved parties remain, from bewildered voters themselves, to election administrators asked to revamp ballots in weeks, to candidates who may have invested small fortunes in time and money campaigning in a district that no longer exists," he said. "These are high costs to inflict on a state just to enable a last-minute power grab by one party." Olson said Congress has the authority to act. "Congress can and should use its enumerated powers to call a halt, with an exception for court-ordered redraws," he said."
Red thin stalks and green broad leaves on plate.
Plate with central mound of white surrounded by red fruit.
Orangish meatball-like oblongs on bed of arugula with lemon wedges, all on platter.
Mess of pasta and garbanzo in pot
Copper pan on black stovetop containing stew.
Noodles and a lot of green chunks.
Browned patties on plate with green and red embedded veggie bits, bowl of red sauce on side.
Against background of small-city stadium wall, orange screaming monkey mascot—like figure flanked by older male making similar expression
Dish of what looks a bit like rigatoni but isn’t.
Headline screenshot reading, "Opinion commentary, Alan Dershowitz: Why I'm Becoming a Republican"
Chicken in pot.
Blue Le Creuset pot on black stove with soup, wooden spoon laid atop.
Chicken fricassee in a dish.
Facebook post from NBC Chicago, “Famed Chicago hot dog stand “The Wiener’s circle” is making its voice heard amid the Trump-Pope Leo feud, with sign reading “SOUTH SIDE POPE ROPED THE DOPE”
“Hallowe’en costume” package depicting man in Jesse-like garb and labeled “Red Cross Worker - Adult Size Costume“
Spiral pasta in dish with diced bell peppers, mostly red and green.
Pink rimmed white bowl with soup in it.
Bluesky Easter greeting from New York City Mayor Zohran Mamdani, screenshot reading, "Happy Easter, New York! Today, millions of New Yorkers celebrate the resurrection of Jesus Christ and the victory of hope over despair and faith over fear. As the air warms and cherry blossoms begin to bloom, this holy day is a sacred time to pause and reflect on a season of rebirth. Whether you spend this day singing in pews, parading on Fifth Avenue, joining a processional guided by the bamboo trumpets of Haitian Rara music, or hunting for painted eggs amidst the spring grass, I wish every New Yorker celebrating a joyous day. Let us all embrace this holiday's spirit of hope and renewal as we build the City — and the world — that we deserve."
Pink edged white bowl containing tan speckled soup.
Oval shiny pot containing chicken pieces and vegetables on cast iron stove.
Screenshot reading, """In this country, states are in charge of running federal elections, and Donald Trump isn't. He keeps trying to usurp this constitutionally acknowledged role in defiance of both the law and the Constitution. His new proclamation tries to order states into a national system premised on the matching of citizenship records and voter rolls, which could very likely not be accomplished in time for this fall's election, especially not in a way that is accurate. He also purports to order the U.S. Postal Service not to deliver lawful and valid ballots cast by citizens of states that ignore his dictates, which is plainly improper both because federal laws already direct what mail the U.S.P.S. may reject and what it must carry, and because the Postal Service answers to a Board of Governors, not him. Neither the U.S. Postal Service nor its overseers may be set up as deciders of whose votes to count. "Courts will almost certainly block much of this, but it sows harmful uncertainty about how state and local administrators must prepare for the election and whether he will try to meddle further by steps such as impounding lawfully cast mail ballots. "Trump is trying to grab arbitrary power over future elections of a sort that no one should be trusted with, let alone him."
April Fool's AI graphic promoting "Scrapple Jelly Beans -- taste the PA tradition" with image of basket and pastel Easter eggs holding smaller brown beans.
Screenshot reading, "Today, the Supreme Court heard oral argument in Abouammo v. United States, a case that could fundamentally redefine where the federal government is permitted to prosecute American citizens. At the heart of the dispute is whether the government can manipulate venue by trying a defendant in a jurisdiction where no criminal act occurred. Ahmad Abouammo was accused of providing false invoices to federal agents as they sat in his Seattle home. Although Mr. Abouammo’s crime was committed entirely within the Western District of Washington, the government brought charges in the Northern District of California, where federal investigators were based. Mr. Abouammo was convicted following a jury trial and the U.S. Court of Appeals for the Ninth Circuit affirmed his conviction. The Ninth Circuit’s decision ignores the historical roots of the Constitution’s Venue and Vicinage Clauses. These provisions were established by the Framers to prevent the very gamesmanship seen today—a practice tracing back to the British Crown’s attempts to ship colonists overseas for trial, thereby stripping them of a local jury. The government’s position invites a dangerous precedent where prosecutors can choose a favored forum simply by dispatching agents from a specific district. This practice bypasses the constitutionally assigned role of the local jury as the conscience of the community in favor of a jury pool that may be more aligned with the government’s narrative. While it’s never possible to predict outcomes from oral arguments alone, the questions posed by the justices were encouraging. Cato filed an amicus brief in support to Mr. Abouammo. Mike Fox Legal Fellow Project on Criminal Justice Cato Institute"
Screenshot, reading: "Even before Duterte, extrajudicial killings were not uncommon in the Philippines, dating back to the Cold War-era military dictatorship. By the 1980s, Duterte's home city of Davao had a lawless reputation for slums controlled by the leftist New People's Army (NPA) and its hit men (the "sparrows"), and for right-wing vigilantes (Alsa Masa, or "Masses Arise") who carried out murders of suspected communists. That conflict had died down by the time Duterte became mayor, but the ruthless counterinsurgency tactics continued in the war on petty crime. Starting from the second term of Duterte's mayorship, the Davao Death Squad—comprised of ex-cops, gangsters, and NPA defectors—executed hundreds of drug addicts, peddlers, thieves, and street kids, plus the occasional unlucky witness. Their handlers (senior policemen acting as the intermediaries with City Hall) granted them weapons and a salary, with a bonus paid for each hit. Victims were stabbed, shot, and in at least one case fed to a crocodile. Ex-members say they assassinated the mayor's political opponents as well. The murders were investigated to keep up appearances, but detectives already knew who did it. "They say I am the death squad? True, that is true," Duterte admitted in a 2015 TV interview. In 2015 Duterte ran for president, promising to cleanse the country of drugs and crime. He presented himself as a tough-talking man of action battling out-of-touch, nepotistic elites. Human rights and global condemnation be damned, he said: He'll do what needs to be done. "I don't want to kill people, so don't elect me as president," he warned voters. But even some liberals voted for him, believing all that trigger talk was just meant to rouse the rubes."
Woman holding sign reading, “…and all I got was this lousy $5 a gallon gas”
Sign with sloppy lettering reading “I spent more time planning this sign than Trump spent planning his war.“
Under yellow umbrella, sign reading “NOPE Since 1776” with US flag and in foreground black cat casually knocking crown off table.
Man holding sign, “Loyalty To the Constitution Not the President “
Homemade sign reading, “Unmask ICE - no secret police!” atop a copy of the local newspaper, the Frederick News-Post.
Screenshot from FactCheck.org reading, "Olson told us that the provision on using the DHS SAVE system “appears to establish protections (notification and a chance to contest removal by supplying documents)” for voters flagged for removal under that system. But “some other persons removed from the voter rolls may not have rights to notification and challenge unless their states have separately legislated to provide such rights,” he said, pointing to the provision on states removing noncitizens “at any time.” “So far as I can tell, this means that anyone, including the federal government or some private person or group, can send ‘documentation or verified information’ to a state that a certain person, or a list of persons, on its voter rolls are not U.S. citizens. The state then ‘shall’ remove them,” Olson said. “So long as this is not being done by the method carved out for the SAVE database and its intersection with state voter rolls in federal possession, I don’t see where the bill provides any assurance of notification.”"
Screenshot from FactCheck.org reading: "There’s a similar process for people whose names differ from their documents, such as married women who changed their names. They can provide “additional documentation” on the name discrepancy or sign an affidavit. Olson said there’s uncertainty about these alternative methods of citizenship verification. Will they “be relatively easy and generous, accepting common sorts of documents and an uncomplicated sworn statement that most eligible persons will feel comfortable signing?” he asked. States’ procedures will be governed by guidance from the Election Assistance Commission, the bill says, an independent agency that has two commissioners appointed by Trump and two appointed by former President Barack Obama. “In short, we aren’t going to find out what the bill does on many key questions until after we pass it into law and the EAC begins issuing guidance,” Olson said. “One of the reasons I am critical of the bill is that I don’t believe we should be asked to take it on faith that the EAC will issue practical guidance in good faith. If the EAC is going to issue guidance that causes an uproar because it sets requirements many legitimate voters cannot meet, we should know that now, not later.”"
Screenshot from proposed SAVE America Act reading, "(l) Election Assistance Commission guidance.—Not later than 10 days after the date of the enactment of this Act, the Election Assistance Commission shall adopt and transmit to the chief State election official of each State guidance with respect to the implementation of the requirements under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by this section."
Donald J. Trump Truth Social post reading, "Robert Mueller just died. Good, I'm glad he's dead. He can no longer hurt innocent people! President DONALD J. TRUMP"