All posts by Rick Hasen

Supreme Court Puts on Hold Eighth Circuit Order that Would Have Ended Private Enforcement of the Voting Rights Act in Seven States, But Three Justices Appear Ready to Kill Section 2 Nationally

Supreme Court, Voting Rights Act
Via Steve Vladeck comes this Supreme Court order, over the dissents of Justices Alito, Gorsuch, and Thomas, of the Eighth Circuit case raising the question whether private plaintiffs have the right to sue under Section 2 of the Voting… Continue reading

Trump’s False and Malicious Claims That Former President Obama Engaged in “Treason” in Connection with the 2016 and 2020 Elections Merits Mention Only on Page A17 of the NY Times and Is Barely a Blip Elsewhere

chicanery, election subversion risk
NYT: Displaying a willingness to weaponize the federal government in ways that were as novel as they were audacious, he took on a wide variety of individuals and institutions — from law firms and universities to journalists and federal bureaucrats… Continue reading

North Dakota Legislative Council’s Bizarre Understanding of Redistricting Ruling May Have Led to Justice Kavanaugh’s Administrative Stay in Eighth Amendment Voting Rights Act (Private Right of Action) Case

Voting Rights Act
As I noted a few days ago, Justice Kavanaugh put on hold via an administrative stay an Eighth Circuit case concerning whether private plaintiffs have the right to sue to enforce Section 2 of the Voting Rights Act. The answer… Continue reading

Second Circuit Unanimously Reverses Conviction in Mackey (“Ricky Vaughn”) Case, Finding Insufficient Evidence of a Conspiracy to Deprive People of Their Right to Vote By Tricking Them into Voting By Text

cheap speech
You can find the court’s opinion at this link. The sole basis for the reversal was lack of sufficient evidence that defendant Mackey had conspired with others to deprive people of their right to vote. The Court did not address… Continue reading