Category Archives: Supreme Court

No Surprise: Supreme Court, Without Noted Dissent, Blocks Redraws of Ohio, Michigan Maps Found by Lower Courts to Be Partisan Gerrymanders

May 24, 2019, 1:56 pmredistricting, Supreme CourtRick Hasen

Today’s orders are no surprise. Indeed, the Court often fails to give preliminary relief in redistricting cases even when the plaintiffs eventually win on the merits. Indeed, if the Court did allow the remaps to take place while the… Continue reading

“Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent”

May 24, 2019, 8:00 amstatutory interpretation, Supreme CourtRick Hasen

Really sharp Anita Krishnakumar piece at SCOTUSBlog.

“U.S. Supreme Court Rejects Bid to Let Businesses Donate to Candidates”

May 20, 2019, 7:08 amcampaign finance, Supreme CourtRick Hasen

Bloomberg: The U.S. Supreme Court declined an opportunity to give businesses broader rights to contribute money to political candidates and causes.The justices, without comment Monday, refused to question a Massachusetts law that bars for-profit corporations from making campaign donations.

“Don’t Rebrand Corruption”

May 16, 2019, 10:28 ambribery, campaign finance, Supreme CourtRick Hasen

Ciara Torres-Spelliscy blogs.

“Supreme Court requests response from Ohio and Michigan gerrymander challengers”

May 13, 2019, 9:03 pmredistricting, Supreme CourtRick Hasen

Roll Call: The Supreme Court on Monday gave the challengers of congressional maps in Ohio and Michigan until May 20 to respond to requests from state officials to stop court-ordered redrawing of district lines. Lower courts found the maps… Continue reading

“Ohio, Michigan legislators seek partisan-gerrymandering stays”

May 11, 2019, 8:25 amredistricting, Supreme CourtRick Hasen

SCOTUSBlog: At the end of March, the Supreme Court heard oral argument in two cases challenging federal congressional districts in North Carolina and Maryland as the product of unconstitutional partisan gerrymandering. A key question in both cases was whether courts… Continue reading

Steve Mazie on the Ohio Partisan Gerrymandering Ruling

May 9, 2019, 10:40 amredistricting, Supreme CourtRick Hasen

Here at The Economist.

Today’s Must-Read: Linda Greenhouse: “The Supreme Court, the Census Case and the Truth: Will the justices be the administration’s enablers or form a firewall against its lies?”

May 9, 2019, 8:33 amcensus litigation, Supreme CourtRick Hasen

Linda Greenhouse NYT column: But if the plaintiff states are going to lose, it seems to me that it matters greatly how they lose. What was depressing and even scary about the April 23 argument was the disingenuous lengths to… Continue reading

“In Michigan & Ohio, Justice Delayed Could Mean Justice Denied; Is There A Better Way?”

May 8, 2019, 4:38 pmredistricting, Supreme CourtRick Hasen

Mike Parsons: In the past two weeks, federal district courts have struck down partisan gerrymanders in both Michigan and Ohio. As a matter of legal doctrine, these decisions are important. As Nick Stephanopoulos states, they reveal an emerging … Continue reading

“Lower Courts Are Lobbying SCOTUS to Rein In Partisan Gerrymandering”

May 6, 2019, 8:42 pmredistricting, Supreme CourtRick Hasen

Mark Joseph Stern for Slate.

Breaking: Unanimous 3-Judge Court, in 300-Page Opinion, Strikes Ohio Congressional Districts as Unconstitutional Partisan Gerrymanders

May 3, 2019, 10:07 amredistricting, Supreme CourtRick Hasen

You can find the opinion at this link. From the introduction: We join the other federal courts that have held partisan gerrymandering unconstitutional and developed substantially similar standards for adjudicating such claims. We are convinced by the evidence that… Continue reading

“Are states equipped to tackle partisan gerrymandering on their own?”

May 2, 2019, 8:52 pmredistricting, Supreme CourtRick Hasen

Steve Mazie for the Economist. Yet the difficulty of replicating Michigan’s transition in most other states is a hard reality. And the Wolverine state’s success is allowing some justices to believe that the courts can sit back and let democracy… Continue reading

“Textualism for Realists:” Michigan Law Review Issue Includes Review of My Justice Scalia Book by Ian Samuel

May 1, 2019, 11:10 amScalia, statutory interpretation, Supreme CourtRick Hasen

You can find the 23-page review of my book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, at this link. Although Samuel has much to disagree with, the former Scalia clerk says this: “Hasen’s book… Continue reading

“GOP appeals Michigan gerrymandering ruling to Supreme Court”

April 30, 2019, 2:26 pmredistricting, Supreme CourtRick Hasen

Detroit News: Michigan legislative and congressional Republicans are asking the U.S. Supreme Court to reverse a blockbuster ruling that the state’s political maps must be redrawn because of an unconstitutional gerrymander of “historical proportions.” Attorneys for GOP lawmakers on Tuesday… Continue reading