Category Archives: Supreme Court

“New research shows just how badly a citizenship question would hurt the 2020 Census”

April 22, 2019, 7:27 amcensus litigation, Supreme CourtRick Hasen

Matt Barreto ,Chris Warshaw ,Matthew A. Baum ,Bryce J. Dietrich ,Rebecca Goldstein and Maya Sen in the Monkey Cage: The Trump administration’s attempt to add a citizenship question to the 2020 Census reaches the Supreme Court on Tuesday. Thus far,… Continue reading

“Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York”

April 22, 2019, 7:17 amcensus litigation, Supreme CourtRick Hasen

Amanda Frost at SCOTUSBlog: On its face, Department of Commerce v. New York asks whether the government may add a question about citizenship status to the 2020 decennial census. But as Professor Justin Levitt explains in a forthcoming essay,… Continue reading

George Will Column Gives Many Reasons Why Decision to Include Citizenship Question on Census Was Pretextual, But Concludes Supreme Court May Allow It Anyway

April 21, 2019, 2:21 pmcensus litigation, Supreme CourtRick Hasen

I really understood what Will was saying in this column until the last paragraph, which doesn’t seem to follow.

“John Roberts rejects requests for same-day audio of census citizenship arguments”

April 18, 2019, 8:51 pmcensus litigation, Supreme CourtRick Hasen

CNN reports.

Quote of the Day

April 15, 2019, 7:54 amcensus litigation, Supreme CourtRick Hasen

““The Titanic was launched with less hubris and more preparation.” Justin Levitt, in his forthcoming Columbia Law Review article, Citizenship and the Census, as quoted in Adam Liptak’s NYT Sidebar preview of the upcoming oral argument in the census… Continue reading

“Balkinization Symposium on Neal Devins and Lawrence Baum, The Company They Keep– Collected Posts”

April 15, 2019, 7:31 ampolitical parties, political polarization, Scalia, Supreme CourtRick Hasen

Balkinization: Here are the collected posts for our Balkinization symposium on Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). 1. Jack Balkin, Introduction to … Continue reading

Quote of the Day

April 13, 2019, 10:16 amcensus litigation, Supreme CourtRick Hasen

“It was like ‘Jeopardy,'” said Dale Ho, director of voting rights at the American Civil Liberties Union, one of the lawyers who will argue the case in the Supreme Court. “They had the answer. They needed the question.” USA Today… Continue reading

Webinar: The Citizenship Question Presented: The Census Case Reaches the Supreme Court

April 12, 2019, 8:41 amcensus litigation, Supreme CourtRick Hasen

ACS: On April 23rd, the Supreme Court will hear oral argument in Department of Commerce v. New York, a case that raises questions of administrative and constitutional law, and that has the potential to affect the accuracy of the… Continue reading

“Fixing Gerrymandered Maps Tougher than Gorsuch, Kavanaugh Think”

April 4, 2019, 2:01 pmredistricting, Supreme CourtRick Hasen

Bloomberg Law: The Supreme Court’s newest justices, Neil Gorsuch and Brett Kavanaugh, highlighted independent redistricting commissions as a solution to state legislatures maximizing seats for the party in power while drawing voting districts.But legal experts say these commissions can’t… Continue reading

Horwitz on The Troubling Phenomenon of Supreme Court Justices as Celebrities

April 4, 2019, 9:14 amSupreme CourtRick Hasen

Paul Horwitz: Usefully, Hasen emphasizes “the role of the ‘Celebrity Justice,’ a phenomenon which Devins and Baum acknowledge near the end of the book. Scalia, and later Ruth Bader Ginsburg, became rock star Justices, drawing adoring crowds… Continue reading

SCOTUSBlog Running Symposium on Census Citizenship Question Case

April 4, 2019, 8:33 amcensus litigation, Supreme CourtRick Hasen

Posts being collected here.

“Two Birds, One Stone: The Supreme Court’s Shot to Fix the Political Question Doctrine and Political Gerrymandering”

April 4, 2019, 7:57 amredistricting, Supreme CourtRick Hasen

Mike Parsons blogs.

A Recount Could Be Coming in Closely Watched Wisconsin Supreme Court Race

April 2, 2019, 9:00 pmjudicial elections, Supreme CourtRick Hasen

At the time I write this post, the closely watched race for the Wisconsin Supreme Court is a nailbiter: The loser can request a recount if the race is within 1 percent, and the state pays if it is… Continue reading

“The Elephant in the Room: Intentional Voter Suppression”

April 2, 2019, 11:38 amelection administration, Supreme Court, The Voting WarsRick Hasen

Lisa Manheim and Elizabeth Porter have posted this draft on SSRN (forthcoming, Supreme Court Review . Here is the abstract: Since its inception, the Roberts Court has acquiesced in—and at times even abetted—the attempts of many states to make it… Continue reading