Category Archives: Supreme Court

“Can Congress Salvage RBG’s Voting Rights Legacy?”

September 21, 2020, 12:13 pmSupreme Court, Voting Rights ActRick Hasen

I have written this piece for Slate. It begins: Justice Ruth Bader Ginsburg was an unparalleled champion of voting rights. One of her most famous dissents in a voting case came in Shelby County v. Holder, the 2013 Supreme… Continue reading

The Chances of a 4-4 Supreme Court Split on Election Issues is Not a Reason to Rush a Supreme Court Confirmation; It’s a Reason to Wait to Confirm a Justice

September 21, 2020, 8:20 amSupreme CourtRick Hasen

Within minutes of the announcement of Justice Ginsburg’s death, we started seeing the argument advanced that a Supreme Court confirmation needs to be rushed so that a Justice is in place before the election, so as to break a potential… Continue reading

“Democrats See a Glimmer of Hope Over Supreme Court Fight in Arizona’s Senate Race”

September 20, 2020, 9:18 pmSupreme CourtRick Hasen

NYT: Democrats have almost no power to stop a pre-election vote on President Trump’s nominee to replace Justice Ruth Bader Ginsburg on the Supreme Court, but they see a glimmer of hope in a bank-shot scenario if they capture a… Continue reading

“Supreme Court is shorthanded but could play role in election”

September 20, 2020, 8:51 pmSupreme CourtRick Hasen

Richard Wolf reports for USA Today.

Your Two Must-Reads About Justice Ginsburg’s Life as a Justice: Nina Totenberg and Joan Biskupic

September 20, 2020, 7:42 pmSupreme CourtRick Hasen

Nina Totenberg: A 5-Decade-Long Friendship That Began With A Phone Call Joan Biskupic: 20 years of closed-door conversations with Ruth Bader Ginsburg

“Introducing the 2020 Election Litigation Tracker”

September 14, 2020, 6:12 pmSupreme CourtRick Hasen

Exciting announcement: Twenty years ago this fall, a hotly contested presidential election led to 36 days of legal turmoil that culminated with the Supreme Court’s ruling in Bush v. Gore. This year, as America prepares to vote during the… Continue reading

Breaking: Justice Kagan Denies Another Supreme Court Petition to Put Green Party on the Ballot in Montana

September 14, 2020, 4:02 pmballot access, Supreme CourtRick Hasen

The case is Davis v. Stapleton. Justice Kagan did not ask for a response on this one. This is the second Green Party case from Montana denied by Justice Kagan.

Chemerinsky in ABA Journal on the Purcell Principle Applied in SCOTUS Covid-Related Election Cases

September 4, 2020, 7:18 amelection administration, Supreme CourtRick Hasen

Read it here.

“‘Cases and Controversies’ Podcast: The 2020 Election”

August 28, 2020, 5:33 pmElection Meltdown, Supreme CourtRick Hasen

I spoke with Bloomberg Law’s Kimberly Robinson and Jordan Rubin: Challenges to election laws have poured into the Supreme Court and more are likely as the 2020 campaign season really heats up after Labor Day.Election law expert Rick Hasen,… Continue reading

Joan Biskupic: “Trump revives Bush v. Gore in his crusade against mail-in voting”

August 24, 2020, 10:17 amBush v. Gore reflections, Supreme Court, The Voting WarsRick Hasen

Reporting at CNN.

Supreme Court, Over 3 Noted Dissents, Won’t Overturn Rhode Island Consent Decree Easing Absentee Ballot Requirements During the Pandemic

August 13, 2020, 9:32 amabsentee ballots, Supreme CourtRick Hasen

Rhode Island loosened its witness and notary requirements for voting by mail as part of a consent decree in response to a lawsuit against the requirements during the pandemic. The RNC objected. Today the Supreme Court, over the dissents of… Continue reading

Republican National Committee Goes to Supreme Court to Try to Overturn Consent Decree Making It Easier to Vote by Mail in Rhode Island During Pandemic

August 10, 2020, 2:28 pmabsentee ballots, election administration, Supreme Court, The Voting WarsRick Hasen

Expect quick action in this case given the upcoming deadlines.

“The 2020 Electoral End Game — Finding a Peaceful Transition of Power in a Political Question World”

August 10, 2020, 7:42 amElection Meltdown, Supreme CourtRick Hasen

Ross Martin has posted this draft on SSRN. Here is the abstract: The playing field for 2020 election disputes is not level because the incumbent-candidate is already in office. The incumbent-candidate is already asserting election irregularities that could leave the… Continue reading

“Supreme Court Signals Federal Judiciary Won’t Mediate Fights Over Voting and Virus; High court’s conservative majority sees scant constitutional authority to weigh in on state elections”

August 2, 2020, 8:24 pmSupreme CourtRick Hasen

Jess Bravin for the WSJ: If the coronavirus is pitting nervous voters against state election officials, don’t expect the federal courts to solve their problem.That is the message from a string of Supreme Court orders since April, which saw the… Continue reading

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