“Supreme Court, Inferior Oversight”
The latest from Fix the Court, which is doing crucial work.
Category Archives: Supreme Court
Plaintiffs Challenging NC Redistricting Go to #SCOTUS Claiming Partisan Gerrymander
Here is the jurisdictional statement in Harris v. McCrory.
I believe this is the first case raising issues of partisan gerrymandering to make it to the Supreme Court since Justice Scalia’s passing. Will they touch it? I don’t know. One… Continue reading
“The Courts and Election Law: The Divergent Fortunes of Crawford (Voter ID) and Citizens United (Super PACs)”
Montana Candidate Asks #SCOTUS Intervention in False Speech in Judicial Election Case
Back in June, Dan T. reported:”A federal district court has denied an injunction against Montana rules restricting false statements by and about judicial candidates (Myers v. Thompson).”
The Ninth Circuit denied relief and now the candidate has … Continue reading
NC Republican Leaders, Calling 4th Circuit Panel “Partisan,” Vow #SCOTUS Appeal
Here’s the inflammatory statement:
“Since today’s decision by three partisan Democrats ignores legal precedent, ignores the fact that other federal courts have used North Carolina’s law as a model, and ignores the fact that a majority of other states have… Continue reading
Did Clinton Avoid Mentioning Judge Garland to Goad Senate Republicans Into Confirming Him?
Jason Steed:
My theory: If we get deep into August and the polls are showing not only a strong lead for Clinton but also promising leads in enough of those senate races, it will take only credible whispers of… Continue reading
Libertarian Johnson-Weld Ticket Makes Positive Noises on Justice Breyer, Judge Garland
Reason interview.
Ted Frank: “And there goes my support for Johnson-Weld. Will write a letter asking for my donation back. Very frustrating”
Gora in Adler’s Business and the Roberts Court
Jonathan Adler has edited this volume for OUP which has a great lineup of writers. Among them is one of my favorites (though we often disagree), Joel Gora, who wrote a chapter on the Roberts Court and Citizens United. Here… Continue reading
Unique and Important “Case Study” Database of Emergency Election Litigation Created by Federal Judicial Center
Back in 2012, I first noted this resource under development. This database at the Federal Judicial Center has now grown to over 340 cases, and is a treasure trove of data. For some of the cases, it gives some information… Continue reading
“Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come”
Jess Bravin for the WSJ:
A single Democratic appointment to the Supreme Court could doom the 2010 Citizens United decision, which struck down restrictions on corporate and union political spending. That ruling and other opinions invalidating campaign finance laws came… Continue reading
Storify from @UCILaw on #UCILawSCOTUS 2016
“Federal Appeals Court Strikes Down Texas Voter ID Law”
Pam Fessler reports for NPR.
She says Texas has not yet decided whether or not to appeal to the Supreme Court. I explained yesterday why such an appeal would have long odds.
“The Supreme Court’s new definition of corruption is out of step with what Americans think”
Michael Johnston writes for The Monkey Cage.
“The Real Reason Why Judges Should Keep Quiet About Elections; The restrictions remind judges to aspire to be apolitical.”
Dahlia Lithwick and I have written this piece for Slate. It begins:
Late last week, Supreme Court Justice Ruth Bader Ginsburg tried to put the controversy over her recent criticisms of presumptive Republican presidential nominee Donald Trump behind her, issuing… Continue reading