Breaking: Ninth Circuit Denies Rehearing En Banc in Montana Campaign Contributions Case, Teeing Up Issue for Possible Supreme Court Review

Back in October, I wrote the following: Post navigation In Major Victory in Case with National Significance, Ninth Circuit on 2-1 Vote Upholds Montana Contribution Limits; Judge Bea Would Appear to Hold *All* Limits Unconstitutional Posted on October 23, 2017 11:20 … Continue reading

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Does the Chief Justice or Justice Gorsuch Have the Majority Opinion in Gill v. Whitford, the Wisconsin Partisan Gerrymandering Case?

Tea leaf reading from my colleague Leah Litman: This (ordinarily) would mean the opinion assignment in Gill (from the October sitting) went to… The Chief Justice or Justice Gorsuch. https://t.co/NFxkSp5yOS — Leah Litman (@LeahLitman) April 24, 2018 Let me lay … Continue reading

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Videos of Me Discussing My Book on Justice Scalia’s Legacy with Joan Biskupic, Adam Liptak & Sue Bloch, Adam Winkler, Erwin Chemerinsky, and Henry Weinstein (and National Constitution Center event)

In connection with the release of my new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, I’ve given a number of talks. Some of these are now available on video: Mar. 5 (Video) NYC conversation with Joan … Continue reading

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New Blagojevich Cert. Petition Scheduled for Supreme Court Conference on April 13 Raises Circuit Split over When Campaign Contributions Can Violate Federal Anticorruption Laws

Docket.  Here’s the question presented: When the Government prosecutes a public official for soliciting campaign contributions in alleged violation of  the Hobbs Act or other federal anticorruption laws, must the Government prove the defendant made an “explicit promise or undertaking” in … Continue reading

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The Supreme Court Case That Could Transform Politics: The late Antonin Scalia believed the court was powerless to do anything about gerrymandering. Will today’s justices agree?

I have written this piece for Politico Magazine. It begins: On Wednesday, the Supreme Court hears arguments in Benisek v. Lamone, a case about whether Maryland violated the First Amendment rights of Republican voters by redrawing the state’s congressional districts with … Continue reading

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“Supreme Court Avoids Bush v. Gore II in Ducking Pennsylvania Redistricting Controversy”

I have written this blog post over at the Harvard Law Review blog.  It begins: After waiting, and waiting, and waiting, the United States Supreme Court finally answered the question whether it would heed Pennsylvania Republicans’ calls to put on hold the Pennsylvania Supreme … Continue reading

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