Category Archives: Supreme Court

Breaking: Plaintiffs in Census Case Want #SCOTUS to Send Case Back to District Court for More Factfinding if Government Lied About Reason for Citizenship Question; Thoughts on What the Court Will Do

June 12, 2019, 5:19 pmcensus litigation, Supreme CourtRick Hasen

Plaintiffs have filed this unusual motion in the Supreme Court asking for the Court to send the case back to the district court to engage in factfinding over whether government officials lied about why Secretary Ross decided to include the… Continue reading

Question of the Day

June 11, 2019, 8:52 pmcensus litigation, Supreme CourtRick Hasen

From Dale Ho, who argued the census case for plaintiffs in the Supreme Court: https://twitter.com/dale_e_ho/status/1138639775005585408

“The Supreme Court’s Next Three Weeks Could Shake Up the 2020 Election”

June 10, 2019, 6:49 amcensus litigation, redistricting, Supreme CourtRick Hasen

Greg Stohr for Bloomberg. The U.S. Supreme Court enters the homestretch of its term with looming decisions that could affect the 2020 election and thrust the court even deeper into the nation’s political wars.Between now and the end of… Continue reading

“High court could cause Va. election drama, but likely won’t”

June 8, 2019, 9:28 amSupreme CourtRick Hasen

AP reports.

RBG, in Speech to 2d Circuit Judicial Conference, Ominously Analogizes Census Case to Travel Ban Case

June 7, 2019, 12:20 pmcensus litigation, Supreme CourtRick Hasen

From the speech: “Speculators about the outcome note that last year, in Trump v. Hawaii, the Court upheld the so-called “travel ban,” in an opinion granting great deference to the Executive. Respondents in the census case have argued that a… Continue reading

“Where a citizenship question could cause the census to miss millions of Hispanics — and why that’s a big deal”

June 6, 2019, 11:44 amcensus litigation, Supreme CourtRick Hasen

WaPo deep dive.

“The Supreme Court Nixes Corporate Contributions for the 2020 Campaign”

June 6, 2019, 9:25 amcampaign finance, Supreme CourtRick Hasen

Ciara Torres-Spelliscy: A few weeks ago, the Supreme Court delivered a surprising rebuke to those who think corporations just don’t have enough influence on U.S. elections. In declining to hear the case of 1A Auto, Inc. vs. Sullivan, the… Continue reading

“Who Cares About the Supreme Court’s Legitimacy?”

June 6, 2019, 9:23 amcensus litigation, Supreme CourtRick Hasen

Linda Greenhouse in the NYT: What changed my mind about writing about this issue again was the administration’s response to the request by the plaintiffs, a coalition of immigrant rights groups, to Judge Furman for “sanctions or other appropriate relief”… Continue reading

Federal District Court in Census Citizenship Question Case Won’t Decide If DOJ Officials Lied About Purpose of Question—Until After the Supreme Court is Expected to Rule.

June 5, 2019, 2:45 pmcensus litigation, Supreme CourtRick Hasen

These developments make it much harder for plaintiffs to get any new factual findings before the Supreme Court rules in the census case. 16. Judge Furman says he sees "no reason to rush this process" before #SCOTUS reaches it decision… Continue reading

ACLU Files Sharp Letter in District Court (with Copy to Supreme Court) Responding in Census Citizenship Case

June 5, 2019, 9:01 amcensus litigation, Supreme CourtRick Hasen

Letter: The link will bring you to the rest of the letter.

“Hyperpartisan Gerrymandering”

June 5, 2019, 6:53 amredistricting, Supreme CourtRick Hasen

Michael Kang has posted this draft on SSRN (forthcoming, Boston College Law Review). Here is the abstract: We live in hyperpartisan times. Democrats and Republicans have not been so bitterly divided along partisan lines since Reconstruction, nor so aggressively hostile… Continue reading

“Robin Vos won’t have to testify in Wisconsin gerrymandering case for now, and may not have to at all”

June 4, 2019, 3:57 pmredistricting, Supreme CourtRick Hasen

Milwaukee Journal-Sentinel: Assembly Speaker Robin Vos won’t have to sit for a deposition in Wisconsin’s gerrymandering case in the short term — and might escape having to testify entirely. A panel of appeals judges blocked a lower court order Tuesday… Continue reading

DOJ’s John Gore Said in His Deposition That One of the Purposes of Collecting Citizenship Data on the Census Forms is To Let States Draw Districts with Equal Numbers of Eligible Voters (Which Hurts Hispanics and Democratic Voters)

June 4, 2019, 2:10 pmcensus litigation, Supreme CourtRick Hasen

The other day I tweeted this: This is a key point and shows that whether or not DOJ borrowed from Hoefeller, the motivation was to allow states to engage in redistricting based on voter eligible persons, which would dilute… Continue reading