Category Archives: Supreme Court

“Liberals Must Embrace a Bankrupt Judicial Philosophy to Have Any Chance of Winning at the Supreme Court”

October 18, 2018, 7:35 amScalia, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: It’s a great time for liberals to brush up on their knowledge of originalism and textualism. These judicial theories, which say that judges should interpret constitutional provisions or statutes by looking… Continue reading

Revised Version of My Forthcoming Paper, “Polarization and the Judiciary,” Now Current Through Kavanaugh Nomination

October 17, 2018, 7:16 ampolitical parties, political polarization, Supreme CourtRick Hasen

Updated version of the paper out in May in the Annual Review of Political Science. Abstract: The period of increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of… Continue reading

Speaking at Princeton November 9 on My Book on Justice Scalia’s Legacy

October 15, 2018, 6:31 pmScalia, Supreme CourtRick Hasen

Princeton Program in Law and Public Affairs: The Justice of Contradictions: Antonin Scalia and the Politics of Disruption Rick Hasen, University of California, Irvine School of Law Facebook Twitter Date: Fri, 11/09/2018 – 12:00pm Location: Robertson Hall, Bowl 16 Audience:… Continue reading

Must-Read: “Confirming Kavanaugh: A Triumph for Conservatives, but a Blow to the Court’s Image”

October 7, 2018, 9:27 amSupreme CourtRick Hasen

Adam Liptak captures the peril for the Court: For President Trump and for Senate Republicans, confirming Judge Brett M. Kavanaugh as a Supreme Court justice was a hard-won political victory. But for the conservative legal movement, it is a signal… Continue reading

“SCOTUS punts on Ross deposition fight, for now”

October 5, 2018, 12:09 pmSupreme CourtRick Hasen

Politico: The Supreme Court is passing up, for now, the Trump administration’s request to block Commerce Secretary Wilbur Ross from having to give testimony in lawsuits challenging the addition of a question on citizenship to the 2020 U.S. census. Justice… Continue reading

“Outside Money Fuels Court Fight Amid Calls for Kyl Not to Vote”

October 3, 2018, 10:04 pmcampaign finance, Supreme CourtRick Hasen

Roll Call: Supreme Court nominee Brett Kavanaugh denounced the “millions of dollars in money from outside left-wing opposition groups” during his testimony Thursday about sexual assault allegations, but he didn’t mention the millions spent by groups backing him. The… Continue reading

“Don’t forget about Kavanaugh’s troubling legal philosophy”

October 2, 2018, 9:52 amstatutory interpretation, Supreme CourtRick Hasen

George Thomas WaPo oped: As the FBI conducts its investigations into the sexual assault allegations against Supreme Court nominee Brett M. Kavanaugh, just about everyone has been distracted from questions about his legal philosophy. But let’s not forget, as Justice… Continue reading

“A Quiet Docket May Be Just the Right Medicine for the Supreme Court”

September 30, 2018, 6:09 pmSupreme CourtRick Hasen

Adam Liptak for the NYT: The current docket may appear a little sleepy. But additional cases could change that. Before the new term ends next June, the court may hear cases on partisan gerrymandering, whether a federal employment discrimination law… Continue reading

“North Dakota Voters Appeal to US Supreme Court for Protections”

September 30, 2018, 4:23 pmSupreme CourtRick Hasen

Release: On September 27, the Native American Rights Fund(NARF), on behalf of its clients, a group of Native American voters in North Dakota, filed an emergency appeal to the United States Supreme Court. They are asking the court to… Continue reading

“Will Kavanaugh Be Forced to Recuse Himself From Political Cases After His Charged Remarks?”

September 30, 2018, 4:18 pmSupreme CourtRick Hasen

Pema Levy for Mother Jones.

Today’s Must Read: Adam Liptak, “A Bitter Nominee, Questions of Neutrality, and a Damaged Supreme Court”

September 29, 2018, 8:43 amSupreme CourtRick Hasen

Adam in the NYT: His performance on Thursday, responding to accusations of sexual misconduct at a hearing of the same Senate committee, sent a different message. Judge Kavanaugh was angry and emotional, embracing the language of slashing partisanship. His demeanor… Continue reading

Just How Much Will the Crossroads Ruling Change Disclosure Rules for 2018? Probably Not as Much as You Think

September 20, 2018, 7:28 amcampaign finance, Supreme CourtRick Hasen

In my post about the Supreme Court’s denial of a stay in the Crossroads campaign disclosure case, I wrote that it “does not solve all of the current disclosure problems, but this is a victory for transparency.” I stand by… Continue reading

Sen. McCaskill Cites Judge Kavanaugh’s Campaign Finance Views as Her Reason for Voting No on His Supreme Court Nomination

September 20, 2018, 7:19 amcampaign finance, Supreme CourtRick Hasen

Gannett: Sen. Claire McCaskill said Wednesday she will vote against federal appellate judge Brett Kavanaugh, President Donald Trump’s nomination to the U.S. Supreme Court. Citing “dark money” in politics as the main reason for her opposition, McCaskill released a… Continue reading

Breaking: Supreme Court Rejects Stay in Crossroads Campaign Disclosure Case

September 18, 2018, 11:30 amcampaign finance, Supreme CourtRick Hasen

With no noted dissents, the Supreme Court has turned down Crossroad GPS’s request for emergency relief from an order that will require disclosure of more of its donors who are contributing money to influence federal elections. As I wrote… Continue reading