The Democratic nominee is unpopular, the Republican nominee is unpopular, and polls show voters taking a look at the Libertarian. Flash back or flash forward: Two marquee 2014 campaigns are looking a lot like the 2013 Virginia governor’s race right now, and that campaign provided some useful guidance for how to watch them. — Quinnipiac’s latest Florida poll confirmed its previous ones: More people view Gov. Rick Scott (R) and ex-Gov. Charlie Crist (D) unfavorably than favorably. The numbers have been even worse for Sen. Kay Hagan (D) and state House Speaker Thom Tillis (R) in North Carolina, where national Democrats and state Republicans also plumb the depths of popularity. And recent surveys in both states show Libertarian candidates pulling 9% or higher. — Polls usually overstate third-party support, and they’re likely to do so again in North Carolina and Florida this year. That’s the same story we saw in Virginia in 2013, when the two unloved major party contenders pushed Robert Sarvis (L) higher than usual in the polls — and his actual vote share underperformed 19 of the 20 final public polls of his race. — But in races where voters aren’t in love with either nominee, Libertarians can still catch on more than usual at the ballot box. (Sarvis still pulled in 6.5% of Virginians’ votes in 2013.) There’s plenty of campaign left, and Tillis especially may have an opportunity to change voters’ minds about him once the Legislature’s damaging special session is over. But on the other hand, most of the money flowing into these races is negative. It would be very unlikely for Libertarians to do as well in November as they’re doing at the polls now. But the same surveys also show why they could keep the eventual winners from getting a majority vote all the same.— Scott Bland
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Writing for an 8-0 Supreme Court on Monday, Justice Clarence Thomas wrote that patent lawsuits "must be brought in the state where the defendant company is incorporated. ... The ruling likely spells an end to the near-monopoly the federal court in the Eastern District of Texas holds in handling patent cases. Plaintiffs for decades have filed suits in that pro-plaintiff district based on a broader interpretation of venue that made suits possible almost anywhere."
Former National Security Adviser to President Donald Trump Michael Flynn will refuse to cooperate with a subpoena from the Senate Intelligence Committee. "Flynn will invoke his Fifth Amendment protection against self-incrimination." Flynn was unlikely to turn over any documents without being granted immunity, as he "has previously sought immunity from 'unfair prosecution.'"
The Trump administration plans to ask a federal court Monday for a second 90-day delay in a lawsuit over Obamacare subsidies. The lawsuit, House vs. Price, revolves around the Obamacare co-payment program, which pays health insurers who partake in the Obamacare exchanges to ensure that people without means can gain coverage without having to pay unaffordable co-payments.
"On Sunday, U.S. President Donald Trump called on the world to isolate Iran," to the delight of his Sunni hosts, Saudi Arabia. Meanwhile, however, on Saturday, "Iranians poured into the streets by the hundreds of thousands to celebrate the re-election of President Hassan Rouhani, whose message of opening up to the West helped him to trounce a hard-line challenger."