Category Archives: Supreme Court

Three Judge Court (All Republican Appointees) Chosen to Hear Pennsylvania Partisan Redistricting Case: Will Party of the Judges Matter?

February 23, 2018, 9:50 amredistricting, Supreme CourtRick Hasen

Yesterday I wrote about the new federal lawsuit being brought against the Pennsylvania Supreme Court’s partisan gerrymandering remedy for state congressional redistricts. I explained why this is such a long shot. I noted then that the challengers sought a… Continue reading

“Argument preview: Justices to hear challenge to Minnesota voting dress code”

February 23, 2018, 9:09 amcampaigns, Supreme CourtRick Hasen

Amy Howe preview for SCOTUSBlog.

“Constitutional Preservation and the Judicial Review of Partisan Gerrymanders”

February 23, 2018, 8:58 amredistricting, Supreme CourtRick Hasen

Ned Foley has posted this draft on SSRN. Here is the abstract: This essay makes three contributions to the debate over whether the Constitution contains a judicially enforceable constraint on gerrymanders. First, it directly tackles the Chief Justice’s fear of… Continue reading

New Federal Lawsuit in Pennsylvania Congressional Redistricting Litigation Seeks 3 Judge Court Order to Hold Elections Under Old 2011 Maps; Case is Longshot

February 22, 2018, 1:28 pmredistricting, Supreme CourtRick Hasen

You can find the complaint (which may or may not have already been filed) at this link. Some of the plaintiffs are members of Congress who are not parties to the other litigation, so the Rooker-Feldman doctrine may not apply… Continue reading

“Section 5’s Forgotten Years: Congressional Power to Enforce the Fourteenth Amendment Before Katzenbach v. Morgan”

February 22, 2018, 7:48 amSupreme CourtRick Hasen

Christopher Schmidt has posted this draft on SSRN (forthcoming Northwestern U. Law Review). Here is the abstract: Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan (1966). Justice Brennan’s opinion put forth the… Continue reading

Breaking: Pennsylvania Republican Legislative Leaders Petition Justice Alito AGAIN to Block Pa Congressional Redistricting Plan Ordered by State Supreme Court

February 21, 2018, 4:35 pmredistricting, Supreme CourtRick Hasen

You can find the new petition here. The petition will go to Justice Alito, who can decide the matter himself or refer to the entire Court. Last time Justice Alito decided the matter himself, after asking for a response from… Continue reading

Join Me for a Very Special Conversation in NYC March 5 with Joan Biskupic on Justice Scalia’s Legacy and the Future of the Supreme Court

February 20, 2018, 8:07 amScalia, Supreme CourtRick Hasen

Joan Biskupic’s 2009 biography of Justice Scalia, American Original, is really one of the best and she is one of the most thoughtful students of the Supreme Court and the Justices. I am very excited to be in… Continue reading

Supreme Court Won’t Hear Third Parties’ Case Against Presidential Debates Commission

February 20, 2018, 7:53 amSupreme Court, third partiesRick Hasen

#SCOTUS won’t hear No 17-916 Johnson v Comm’n on Presidential Debates dismissing libertarian and green party candidates’ antitrust and First Amendment claims re: attendance at presidential debate — Kimberly Robinson (@KimberlyRobinsn) February 20, 2018

Pa Supreme Court on 4-3 Vote Adopts Advisor Nate Persily’s Maps for Pennsylvania Congressional Redistricting; GOP’s Litigation Options Do Not Look Good

February 19, 2018, 12:15 pmredistricting, Supreme CourtRick Hasen

The Pennsylvania Supreme Court (with three dissents) [links below] has adopted Nate Persily’s maps for redrawing congressional districts. (One of the districts–18—looks surprisingly like Penn State’s Nittany Lion.) Philly Inquirer: Its plan splits only 13 counties. Of those, four… Continue reading

“Stop treating Ruth Bader Ginsburg — a.k.a. ‘Notorious R.B.G.’ — like a celebrity”

February 15, 2018, 7:09 amScalia, Supreme CourtRick Hasen

I have written this oped for the LA Times. A snippet: But there is something disconcerting about Supreme Court justices becoming political rock stars, particularly in this polarized era. We’ve divided the Supreme Court into teams. We have our justices,… Continue reading

“The governor of Pennsylvania rejects Republicans’ new map”

February 14, 2018, 9:10 amredistricting, Supreme CourtRick Hasen

Steve Mazie for The Economist.

“Supreme Court still feeling the impact of Antonin Scalia’s death”

February 14, 2018, 7:37 amScalia, Supreme CourtRick Hasen

Great Joan Biskupic CNN report, which includes this nugget: Gorsuch’s tone during arguments can be haughty, which has sparked tensions, and he has bucked some institutional practices. He declined to attend a private session with the other justices soon after… Continue reading

My New One at WaPo on the Second Anniversary of Justice Scalia’s Death: “Antonin Scalia’s disruption of the Supreme Court’s ways is here to stay”

February 13, 2018, 6:02 amScalia, Supreme CourtRick Hasen

I have written this piece for the Washington Post. A snippet: Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed… Continue reading

Scalia Legacy: Trump Wants Originalists, Textualists and Flamethrowers on the Federal Bench

February 8, 2018, 7:18 pmScalia, Supreme CourtRick Hasen

From TIME’s Inside Trump’s Plan to Dramatically Reshape U.S. Courts: Trump’s own participation in the selection process varies based on the court. For the Supreme Court opening, he personally interviewed four candidates, making his final decision after meeting each of… Continue reading

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