Politico reports:
After House Speaker Kevin McCarthy suggested on national television last month that Donald Trump may not be the GOP’s best presidential nominee in 2024, the former president was furious — and wanted the California Republican to rectify… Continue reading
NYT:
Democrats in Congress are making a fresh push for the nearly century-old Equal Rights Amendment to be enshrined in the Constitution, rallying around a creative legal theory in a bid to revive an amendment that would explicitly guarantee… Continue reading
This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I’ll start with the Takings Clause.
Lock-stepping is the sometimes-derided practice of construing a state constitution in “lock step” with the federal constitution. Derided, because the state constitution may well have an independent meaning rather than a meaning designed to mirror the federal constitution. The practice… Continue reading
Amazing:
Gov. Tony Evers, a former public school educator, used his broad partial veto authority this week to sign into law a new state budget that increases funding for public schools for the next four centuries.
The surprise move… Continue reading
I have written this piece at Slate. It begins:
At the end of his majority opinion for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading
Westlaw Today:
Election law expert Richard L. Hasen says the U.S. Supreme Court has adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases.
Hasen,… Continue reading
As soon as I read Justice Kavanaugh’s concurring opinion in Moore v. Harper, I thought of Leah Litman‘s scholarship on novelty and how Kavanaugh’s proposed rule, if it becomes law, would deter the growth of state constitutional law protecting… Continue reading
The following is a guest post from Rob Yablon:
Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading
The following is a guest post from Carolyn Shapiro:
As othershave already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading