Category Archives: Supreme Court

Justice Kennedy on the Internet

July 12, 2016, 8:20 pmSupreme CourtRick Hasen

HIs opinion matters, as we all know: The question that elicited his longest answer, however, was how the internet has changed lives and civil discourse. “We’re just beginning to understand it,” Kennedy said. “Many in the modern age confuse… Continue reading

“Can a Supreme Court Justice Denounce a Candidate?”

July 12, 2016, 8:31 amSupreme CourtRick Hasen

NYT’s Room for Debate. I’m going to have to disagree with my boss, Erwin Chemerinsky on this one. I’m still not sure if the comments merit recusal in a Trump election related case, but I certainly don’t applaud these comments.… Continue reading

“US judge in hot water over joke about moving to New Zealand”

July 12, 2016, 8:26 amSupreme CourtRick Hasen

The New Zealand Herald reports, and in the process calls the Washington Post “America’s traditional paper of record.”

Toobin: Justice Ginsburg Would Have to Recuse in Bush v. Gore Type Scenario

July 12, 2016, 8:20 amBush v. Gore reflections, Supreme CourtRick Hasen

Via CNN: But electoral politics have long been off-limits for sitting judges, including justices. They are expected to refrain from telling us their opinions — in part because they are expected to be above such considerations but also because they… Continue reading

Justice Ginsburg Doubles Down on Trump Comments

July 12, 2016, 8:11 amSupreme CourtRick Hasen

in comments to CNN’s (and UCI Law’s) Joan Biskupic.

Paul Horwitz on the RBG Interviews, Journalism, and the Justice’s Judgment

July 11, 2016, 4:07 pmSupreme CourtRick Hasen

Important read.

Do Justice Ginsburg’s Comments on Donald Trump Require Recusal in a Clinton v. Trump Case?

July 10, 2016, 7:47 pmSupreme CourtRick Hasen

That’s the argument some conservatives have been raising on Twitter, following this part of RBG’s interview with Adam Liptak: These days, she is making no secret of what she thinks of a certain presidential candidate. “I can’t imagine what… Continue reading

Justice Ginsburg Has “Impossible Dream” of Overturning Citizens United Before She Leaves SCOTUS

July 10, 2016, 3:54 pmcampaign finance, Supreme Court, Voting Rights ActRick Hasen

She tells NYT’s Adam Liptak: Asked if there were cases she would like to see the court overturn before she leaves it, she named one. “It won’t happen,” she said. “It would be an impossible dream. But I’d love to… Continue reading

Two Big Election Law Decisions Out of Texas are Pending…..And More from Other States

July 10, 2016, 1:45 pmredistricting, Supreme Court, The Voting Wars, voter idRick Hasen

The federal challenge to Texas’s strict voter identification law is pending before the entire Fifth Circuit sitting en banc. The Supreme Court set a soft July 20 deadline for a decision—after that the Court has invited plaintiffs to seek immediate… Continue reading

Justice Ginsburg’s First Draft in Evenwel Said Use of Total Population, Rather Than Voters, Required and Not Just Permitted

July 8, 2016, 8:48 amredistricting, Supreme CourtRick Hasen

From RBG’s must-read interview with AP’s Mark Sherman: Ginsburg was pleased with her majority opinion in yet another case from Texas in which the court upheld the state’s decision to count everyone, and not just eligible voters, in drawing its… Continue reading

Marc Elias on Why the New SpeechNow Challenge May Be the Wrong Vehicle To Challenge Case and CU

July 7, 2016, 7:36 pmcampaign finance, Supreme CourtRick Hasen

Via Twitter. As I suggested in response, the most straightforward way might be for a local jurisdiction to adopt contribution limits to independent expenditure committees and defend them in court.

Does the New Assault on Super PACs from Liberal “Dream Team” Have a Shot? Maybe, in this Post-Scalia World

July 7, 2016, 9:50 amcampaign finance, Supreme CourtRick Hasen

Larry Tribe, Richard Painter, Albert Alshuler, Norm Eisen, and Anne Weissman have joined together with the Free Speech for People team of Ron Fein, John Bonifaz and others to file this complaint with the FEC seeking to attack the SpeechNow… Continue reading