Category Archives: Supreme Court

Weekend Writing on Scalia, Etc.

February 16, 2016, 8:27 amSupreme CourtRick Hasen

Over the long and significant holiday weekend, I had the following pieces that may be of interest: Justice Scalia’s Death and Implications for the 2016 Election, the Supreme Court and the Nation Donald Trump Likely Has Standing To Contest Cruz’s … Continue reading

“Democrats See Chance to Bolster Enthusiasm in G.O.P. Pledge to Block Scalia”

February 16, 2016, 8:08 amSupreme CourtRick Hasen

Carl Hulse reports for the NYT. Related: My TPM piece, Why The Most Urgent Civil Rights Cause Of Our Time Is The Supreme Court Itself

Will Justice Scalia’s Death Affect the Outcome in Evenwel? I’m Skeptical

February 16, 2016, 7:52 amredistricting, Supreme CourtRick Hasen

I’ve seen many people suggest this, including the NYT’s Adam Liptak: The clearest impact is likely to be in Friedrichs v. California Teachers Association, No. 14-915, on the power of public unions. When the case was argued in January,… Continue reading

“Scalia’s death could doom McDonnell and hurt Menendez”

February 16, 2016, 7:48 ambribery, chicanery, Supreme CourtRick Hasen

Josh Gerstein for Politico: Scalia was considered among the most receptive justices to McDonnell’s argument that his conviction on corruption charges improperly relied on the kind of favors that are commonplace on the American political scene. “Scalia was one of… Continue reading

“How Obama Could Win Supreme Court Battle — Even If Republicans Take the White House”

February 16, 2016, 7:39 amSupreme CourtRick Hasen

Ari Melber on what could happen in the VERY unlikely event Democrats lose the presidency but retake the Senate.

“‘You get one shot’: How Justice Antonin Scalia viewed the world”

February 16, 2016, 7:35 amSupreme CourtRick Hasen

Joan Biskupic writes for Reuters Opinion. Joan has written the best and most interesting biography of Justice Scalia, American Original. Now is a great time to pick it up.

Podcast on #PlutocratsUnited with Heath Brown on New Books Network

February 15, 2016, 12:40 pmcampaign finance, Plutocrats United, Supreme CourtRick Hasen

Listen: Richard L. Hasen has written Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press, 2016). Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. In… Continue reading

“The battle over replacing Justice Scalia is just the start of a war over the Supreme Court”

February 15, 2016, 7:48 amSupreme CourtRick Hasen

I have written this piece for Washington Post’s Wonkblog. It begins: It is tempting to think of the fight to replace Justice Antonin Scalia on the Supreme Court as the battle defining the future of the Supreme Court for the… Continue reading

Revised Version of Paper on Election Law at the Roberts Court

February 15, 2016, 7:45 amcampaign finance, redistricting, Supreme Court, The Voting Wars, Voting Rights ActRick Hasen

I have now posted a revised version of Election Law’s Path in the Roberts Court’s First Decade: A Sharp Right Turn but with Speed Bumps and Surprising Twists, forthcoming Stanford Law Review (2016). Though revised, the revision was… Continue reading

That Time Scalia Endorsed Political Equality for Campaign Finance Limits, Sorta

February 14, 2016, 2:51 pmcampaign finance, Supreme CourtRick Hasen

As I noted in this commentary for Politico magazine, Justice Scalia first voiced his opposition to campaign finance limits in the Austin case, in a passionate and well-argued (if ultimately wrong-headed) dissent. But before that, when Scalia was a… Continue reading

“Justice Scalia and Election Law”

February 14, 2016, 2:43 pmSupreme CourtRick Hasen

Josh Douglas blogs.

“How Scalia’s Death Could Shake Up Campaign Finance; It might be the opening reformers have been waiting for”

February 14, 2016, 2:00 pmcampaign finance, Supreme CourtRick Hasen

I have written this commentary for Politico magazine. Here’s a snippet: How did Scalia eventually get his way on the question of how to balance First Amendment rights of free speech against strong government interests like preventing corruption or promoting… Continue reading

1st Effect of Scalia’s Loss May Be on #SCOTUS Shadow Docket, But We May Not Know It

February 14, 2016, 1:53 pmSupreme CourtRick Hasen

One of the first ways that Justice Scalia’s absence will be felt in Court decisions is on emergency motions and stay request which make its way to the Supreme Court on an expedited basis, what Prof. Will Baude calls the… Continue reading