Supreme Court Might Not Hear North Carolina Partisan Gerrymandering Case Until Next Term, Meaning Possible Decision in June 2020, and Potentially Leaving NC Districts in Place for 2020 Elections and Perhaps Rendering Case Moot

So predicts key Court watcher John Elwood: My instinct is Court won't act before 1/4 conference. I suspect they'll reschedule until late January, so argument would come next fall. I doubt John Roberts wants to revisit an issue that flummoxed … Continue reading

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Breaking: Supreme Court Declines to Hear Austin, Texas Low Campaign Contributions Case, Takes No Action on North Carolina Gerrymandering Petition

With no noted dissent, the Supreme Court has turned down a cert. petition in the Zimmerman campaign finance case from Austin Texas. I flagged this case (along with a Montana case that the Court will consider taking up in January) … Continue reading

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Supreme Court Will Consider Whether to Take Major Montana Campaign Contributions Case at Its January 4 Conference, A Case Which Could Pave the Way for Killing Federal Campaign Contribution Limits

According to the docket.  It could also be when the Court considers whether to take the Austin campaign finance case. As I wrote in Slate back in September: As Common Cause’s Steve Spaulding notes, “Kavanaugh himself acknowledges in the docs that he’s … Continue reading

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Justice Stevens Tags Citizens United, Bush v. Gore as Two of Three “Grave Errors” of Supreme Court During His Time There

In interview with Adam Liptak: The court’s “second-biggest error,” Justice Stevens said, was the Citizens United campaign finance decision. “Money in politics — it’s hard to believe the extent of it,” he said. The third-biggest mistake, he said, was Bush v. Gore, … Continue reading

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Supreme Court Won’t Take Pa Gerrymandering Case, Arguing State Supreme Court Didn’t Have Power to Draw New Districts

SCOTUS declines this a.m. to hear Pennsylvania Republicans’ appeal of state court ruling ordering new congressional map. https://t.co/6txxfNrGvz #fairmaps 1/ pic.twitter.com/Nd8gOAZKZx — Michael Li (@mcpli) October 29, 2018 I expect this issue to be back before the Supreme Court soon … Continue reading

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Revised Version of My Forthcoming Paper, “Polarization and the Judiciary,” Now Current Through Kavanaugh Nomination

Updated version of the paper out in May in the Annual Review of Political Science.  Abstract: The period of increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state … Continue reading

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Sen. McCaskill Cites Judge Kavanaugh’s Campaign Finance Views as Her Reason for Voting No on His Supreme Court Nomination

Gannett: Sen. Claire McCaskill said Wednesday she will vote against federal appellate judge Brett Kavanaugh, President Donald Trump’s nomination to the U.S. Supreme Court. Citing “dark money” in politics as the main reason for her opposition, McCaskill released a lengthy statement through her office Wednesday … Continue reading

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“Democrats revive their lawsuit over Wisconsin gerrymandering in hopes of blocking election maps in 2020”

Milwaukee Journal-Sentinel: Democrats are renewing their lawsuit over election maps that have helped Republicans maintain big margins in the state Assembly. An expanded group of Democratic voters filed a new version of their long-running lawsuit on Friday, three months after … Continue reading

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“Judicial Intervention as Judicial Restraint”

Guy-Uriel Charles and Luis Fuentes-Rohwer have a new piece forthcoming in the Harvard Law Review, on partisan gerrymandering and justiciability: This paper examines the Court’s decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account … Continue reading

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“Brett Kavanaugh gave a troubling answer to Sen. Kamala Harris’ question on the Voting Rights Act”

Think Progress: Kavanaugh, for his part, tried to downplay the significance of Shelby County. “There is still, of course, Section 2 of the Voting Rights Act,” the nominee explained. That provision “allows litigation brought by plaintiffs to challenge voter restrictions that … Continue reading

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In 2003, Judge Kavanaugh Called Lower Court Decision in the McCain-Feingold Case to Uphold the Rules Limiting Corporate and Union Spending in Elections Strange and Dangerous

You can find the leaked document here (via the NYT). He also correctly predicted that the case would come down the votes of CJ Rehnquist and Justice O’Connor (both in the end switched sides from their earrlier positions on this … Continue reading

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