Category Archives: Supreme Court

Big (Quixotic?) Push to Get Supreme Court to Hold that Congress Has the Constitutional Power to Outlaw Super PACs

July 22, 2020, 9:34 pmcampaign finance, Plutocrats United, Supreme CourtRick Hasen

The cert petition in Lieu v. FEC is designed to get the Supreme Court to address an issue addressed by the D.C. Circuit in the earlier SpeechNow case but never addressed by the Supreme Court: is it constitutional for Congress… Continue reading

“Trump lied to the Supreme Court. His new census order proves it.”

July 22, 2020, 2:17 pmcensus litigation, Supreme Court, Voting Rights ActRick Hasen

New Leah Litman: Beyond that rather glaring defect, however, the new executive order also confirms the theory behind the lawsuits challenging the administration’s earlier attempt to add a citizenship question to the census. When the administration attempted to do that,… Continue reading

“A More Liberal Supreme Court? Not When It Comes to Voting Rights”

July 18, 2020, 5:18 pmSupreme Court, votingRick Hasen

Adam Liptak deep dive for the NYT: For the fourth time since April, the Supreme Court this week made it harder for Americans to vote. The ruling, Justice Sonia Sotomayor wrote in dissent, was part of “a trend of condoning… Continue reading

Breaking: Supreme Court, on Divided Vote, Refuses to Vacate Stay in Florida Felon Reenfranchisement Case, Meaning Potentially Hundreds of Thousands of Former Felons Reenfranchised by Florida Voters Won’t Get to Vote in November

July 16, 2020, 10:37 amcourt decisions, felon voting, Supreme CourtRick Hasen

With at least three of the Court’s four liberal Justices dissenting, the Supreme Court refused to intervene in a case involving Florida felon voting rights, with big implications for voting in November. The procedural path of this case is complex,… Continue reading

Florida Files Opposition at Supreme Court in Felon Reenfranchisement Case

July 14, 2020, 1:27 pmfelon voting, Supreme CourtRick Hasen

The brief relies heavily on the question of timing. So both sides are pushing the Purcell Principle to support their position in this case. The brief is also remarkably dismissive of the rights of felons, saying they are not qualified… Continue reading

“Bostock: Were the liberal justices namudnoed?”

July 13, 2020, 7:14 amSupreme CourtRick Hasen

Jason Mazzone at Balikinization, raising exactly a point I’d been pondering: namudno (verb): to persuade one’s colleagues (esp. on a court) to sign onto an opinion with broader implications than they perceive and then accuse them of backtracking when they… Continue reading

Paul Smith and Mark Gaber: “Florida Voters Ask Supreme Court to Lift Stay”

July 13, 2020, 7:09 amfelon voting, Supreme CourtRick Hasen

The following is a guest post from Paul Smith and Mark Gaber of the Campaign Legal Center: In a one-line decision issued on July 1, the en banc Eleventh Circuit stayed a district court order enjoining Florida’s “pay-to-vote” system for… Continue reading

Michigan Goes to Supreme Court to Reverse Laws Easing Initiative Signature Gathering Restrictions During Pandemic

July 12, 2020, 8:06 pmdirect democracy, Supreme CourtRick Hasen

You can find the petition (No. 20A1) at this link. [Corrected link]

Justice Thomas Asks Florida to Respond to Emergency Supreme Court Petition in Felon Reenfranchisement Case

July 10, 2020, 10:30 amfelon voting, Supreme CourtRick Hasen

Docket.

The Supreme Court Performed Pretty Well During the Pandemic, Except When It Came to Voting Rights, Where Its Record is Abysmal

July 9, 2020, 12:27 pmSupreme CourtRick Hasen

My thread starts here: So I think the Supreme Court performed pretty well during the pandemic, scheduling remote oral arguments with live audio and getting the most important cases out only a week late. But there's one big exception:… Continue reading

“Chief Justice John Roberts was hospitalized last month after injuring his head in a fall”

July 7, 2020, 8:31 pmSupreme CourtRick Hasen

WaPo: Chief Justice John G. Roberts Jr. suffered a fall at a Maryland country club last month that required an overnight stay in the hospital, a Supreme Court spokeswoman confirmed Tuesday night.The 65-year-old chief justice was taken by ambulance to… Continue reading

“Can We Please Pick the President by Popular Vote Now? The Supreme Court’s unanimous decision in the faithless electors’ case is another reminder of how antiquated and undemocratic the Electoral College is.”

July 6, 2020, 9:19 pmelectoral college, Supreme CourtRick Hasen

Jesse Wegman NYT column.

Analysis: Supreme Court Saves the Country from Potential Chaos by Ruling (Unanimously) That States May Replace or Punish “Faithless Electors”

July 6, 2020, 8:22 amelectoral college, Supreme CourtRick Hasen

The Court’s decision in Chiafalo (the Washington election case) is at this link. The per curiam opinion in Baca (the Colorado case), with Justice Sotomayor recused, is at this link. The decision is a great relief because a contrary… Continue reading

Supreme Court Will Not Intervene to Require Texas to Offer No-Excuse Absentee Balloting for Those Under 65 During the Primary

June 26, 2020, 1:16 pmSupreme CourtRick Hasen

Adam Liptak: NEW: Supreme Court turns down request from Texas Democrats to allow everyone in the state to vote by mail, not just those over 65 pic.twitter.com/wuQGXnTJhS— Adam Liptak (@adamliptak) June 26, 2020 There is still a pending… Continue reading

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