Will Gorsuch Break With Scalia, Providing 2d (or 3d) Vote To Allow Flood of Undisclosed Money in Elections?

The Supreme Court has long upheld the constitutionality of requiring disclosure of the money behind elections, lobbying, and many political activities. In the 1976 Buckley v. Valeo case, the Court held that such disclosure, while implicating First Amendment rights, served three important … Continue reading

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“In Potential Recusal Reversal, Neil Gorsuch Leaves Door Open to Hearing Supreme Court Cases Involving Billionaire Backer Philip Anschutz”

Important Charlie Savage: My Denver-based colleague Julie Turkewitz and I have been taking a look at the relationship between Neil Gorsuch, the Supreme Court nominee, and Colorado billionaire Philip Anschutz. The New York Times published it tonight and it will be in tomorrow’s … Continue reading

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Analysis: Texas Redistricting Decision Major Victory for Voting Rights Bar and May Pave Way for Texas to Be Back under Federal Supervision

Last night I linked to the extensive ruling and findings of fact and conclusions of law in a very long-running dispute about whether Texas’s congressional districting were a violation of the Voting Rights Act and/or the Constitution. I have now … Continue reading

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NC Gov, AG File Reply Brief Arguing #SCOTUS Should Dismiss Cert. Petition in Controversial Voting Case

Brief: All of the petitioners in this case have moved to withdraw the pending petition. Thus, under normal operation of this Court’s rules, the petition should be dismissed. See S. Ct. R. 46.2(a). Seeking to derail this ministerial process, the … Continue reading

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Breaking: NC General Assembly Will Object to Dismissing #SCOTUS Suit over Strict NC Voting Law, Moves to Add as Petitioner

Well, we’ve been expecting this. Here’s a motion to be filed at the Supreme Court objecting to NC AG’s motion to dismiss the cert. petition in the controversial NC voting case. And here’s a motion to add the Legislature and … Continue reading

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Breaking: Without Noted Dissent, Supreme Court Affirms Lower Court Allowing Disclosure in Major Campaign Disclosure Case

Today the Supreme Court affirmed (that is, agreed the lower court was correct, although not necessarily on the reasoning) in Independence Institute v. FEC, a major case which could have called into question the effectiveness of federal and state disclosure laws. … Continue reading

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“From Educational Adequacy to Representational Adequacy: A New Template for Legal Attacks on Partisan Gerrymanders”

Chris Elmendorf has posted this draft on SSRN.  Here is the abstract: For decades, legal attacks on partisan gerrymanders have foundered on a manageability dilemma: doctrinal standards the Supreme Court has regarded as judicially discoverable have been rejected as unmanageable, … Continue reading

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