Person

Kate Shaw

Nationality:

American

Occupation:

Law professor and commentator

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Kate Shaw is a professor at Benjamin N. Cardozo School of Law at Yeshiva University and a left-of-center political commentator. She frequently comments on legal and election-related issues. In addition to being a law professor, Shaw is a legal analyst for ABC News. She is also the co-host of the legal podcast Strict Scrutiny, which covers the Supreme Court and other legal issues. 1

In addition to her work as a law professor and in the media, she served on the ostensibly bipartisan National Task Force on Election Crises during the 2020 elections. The group advocated for measures to protect the 2020 elections from the COVID-19 epidemic and other events such as natural disasters and man-made actions such as cyberattacks and undue interference by political officers. It also advocated for center-left and left-progressive policies on election administration, including the federal takeover of elections. 2

Shaw is married to MSNBC host and liberal political commentator Chris Hayes. 3

Early Life

Kate Shaw was born in Chicago. She attended Brown University, graduating in 2001. She then attended law school at Northwestern University, graduating in 2006. While at Brown University, she met her future husband, Chris Hayes. 4

She then worked as a law clerk for then-U.S. Supreme Court Associate Justice John Paul Stevens in 2007-2008. 5

Shaw went to work for the White House Counsel’s Office starting in 2009 during Barack Obama’s presidency. She worked in the Obama White House until 2011. 6

In 2011, she became a professor at Yeshiva University’s Benjamin N. Cardozo School of Law. 7

In 2015, she became a contributor to ABC News, focused on the Supreme Court and legal issues. 8

Commentary on Donald Trump

In May 2018, Shaw appeared on the Why This Is Happening? podcast, hosted by her husband. Hayes brought his wife on the podcast because of her expertise on constitutional law and her experience working at the U.S. Supreme Court. 9

Shaw said that President Donald Trump was in legal peril due to numerous ongoing investigations. She also criticized the Trump administration for legal defeats it was experiencing, attributing them to sloppy policy making. She also claimed the Trump administration was facing legal problems due to investigations into Cabinet members. Finally, she said Trump was facing legal troubles due to the Trump-Russia collusion claims. 10

She also accused the Trump administration of trying to push as hard as they can to see what it could get away with. She said that derived from Trump’s experience working in real estate in New York City, where boundary-pushing was commonplace. 11

2020 Election

During the 2020 election, Shaw was a part of the ostensibly bipartisan National Task Force on Election Crises. The task force was concerned about disruptions to the 2020 election as a result of the COVID-19 pandemic. It also was concerned about the effect on the 2020 election of natural disasters, cyberattacks, and interference by political officials. It also advocated for center-left and left-progressive policies on administering elections, including a federal takeover of elections. 12

In October 2020, Shaw joined other task force members in supporting a bill from Sen. Marco Rubio (R-FL) that would extend the federal “safe harbor” date for states to select electors from December 8, 2020 to January 1, 2021. The law was proposed to give states the time necessary to count the votes from the election in case of disruptions from the COVID-19 pandemic or possible cyberattacks from China and Russia. 13

In November 2020, after Donald Trump refused to concede the 2020 presidential election, Shaw was among other task force members who criticized Trump’s refusal. She said she expected the voter fraud lawsuits filed by Trump to fail and that the refusal to concede would hinder the Biden-Harris Transition. 14

Advocacy

In November 2021, Shaw wrote an op-ed for Time magazine advocating for altering U.S. Senate filibuster rules to pass a federal takeover of elections. Instead of advocating for abolishing the filibuster, she advocated for a “carve out” of the rule that would allow Democrats to pass the legislation. 15

In June 2022, Shaw wrote an op-ed for The Atlantic calling for the abolition of the Electoral College. She claimed that with the system, it allowed former President Donald Trump to nearly “overthrow the government” January 6, 2021. 16

References

  1. Rosier, Julia. “Who Is Chris Hayes’ Wife Kate A. Shaw?.” The US Sun. Feb. 7, 2022. https://www.the-sun.com/entertainment/4633484/who-chris-hayes-wife-kate-a-shaw/.
  2. Potter, Suzanne. “Experts: Trump Could Seriously Impede Transition.” Public News Service. November 11, 2020. https://www.publicnewsservice.org/2020-11-11/civic-engagement/experts-trump-could-seriously-impede-transition/a72092-1.
  3. Rosier, Julia. “Who Is Chris Hayes’ Wife Kate A. Shaw?” The US Sun. Feb. 7, 2022. https://www.the-sun.com/entertainment/4633484/who-chris-hayes-wife-kate-a-shaw/.
  4. Rosier, Julia. “Who Is Chris Hayes’ Wife Kate A. Shaw?” The US Sun. Feb. 7, 2022. https://www.the-sun.com/entertainment/4633484/who-chris-hayes-wife-kate-a-shaw/.
  5. Rosier, Julia. “Who Is Chris Hayes’ Wife Kate A. Shaw?” The US Sun. Feb. 7, 2022. https://www.the-sun.com/entertainment/4633484/who-chris-hayes-wife-kate-a-shaw/.
  6. Rosier, Julia. “Who Is Chris Hayes’ Wife Kate A. Shaw?” The US Sun. Feb. 7, 2022. https://www.the-sun.com/entertainment/4633484/who-chris-hayes-wife-kate-a-shaw/.
  7.  “Kate Shaw.” Cardozo Law. Accessed June 20, 2022. https://cardozo.yu.edu/directory/kate-shaw.
  8. “Kate Shaw.” Cardozo Law. Accessed June 20, 2022. https://cardozo.yu.edu/directory/kate-shaw.
  9. “Why Is This Happening? Defending The Rule Of Law In The Age Of Trump.” NBC News. May 22, 2018. https://www.nbcnews.com/think/opinion/analyzing-trump-s-assault-rule-law-kate-shaw-podcast-transcript-ncna876056.
  10. “Why Is This Happening? Defending The Rule Of Law In The Age Of Trump.” NBC News. May 22, 2018. https://www.nbcnews.com/think/opinion/analyzing-trump-s-assault-rule-law-kate-shaw-podcast-transcript-ncna876056.
  11. “Why Is This Happening? Defending The Rule Of Law In The Age Of Trump.” NBC News. May 22, 2018. https://www.nbcnews.com/think/opinion/analyzing-trump-s-assault-rule-law-kate-shaw-podcast-transcript-ncna876056.
  12. Potter, Suzanne. “Experts: Trump Could Seriously Impede Transition.” Public News Service. November 11, 2020. https://www.publicnewsservice.org/2020-11-11/civic-engagement/experts-trump-could-seriously-impede-transition/a72092-1.
  13. “ICYMI: 40 Elections Experts Support Rubio Safe Harbor Bill.” U.S. Senator For Florida, Marco Rubio. Oct. 5, 2020. https://www.rubio.senate.gov/public/index.cfm/2020/10/icymi-40-elections-experts-support-rubio-safe-harbor-bill.
  14. Potter, Suzanne. “Experts: Trump Could Seriously Impede Transition.” Public News Service. November 11, 2020. https://www.publicnewsservice.org/2020-11-11/civic-engagement/experts-trump-could-seriously-impede-transition/a72092-1
  15. Shaw, Kate. “Ending The Filibuster Isn’t The Only Way To Protect Voting Rights.” Time. Nov. 5, 2021 https://time.com/6113965/filibuster-voting-rights/.
  16. Shaw, Kate. “The Other Cause Of January 6.” The Atlantic. June 10, 2021. https://www.theatlantic.com/ideas/archive/2022/06/january-6-hearings-electoral-college-trump/661236/.
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