Category Archives: Supreme Court
11th Circuit, Over Strong Dissent by Judge Rosenbaum over Application of the Purcell Principle, Stays Order Delaying Georgia Public Utility Commission Elections with At-Large Plan Likely to Violate Voting Rights Act [corrected title]
You can find the opinion and dissent here.
In my view (consistent with the views in my article identifying the “Purcell principle”), Judge Rosenbaum’s integration of Purcell into the broader Nken standard for considering emergency relief is the right… Continue reading
“We have reached the apex of election-fraud debunking”
Philip Bump in WaPo, on the report issued yesterday by eight prominent conservatives, including Ted Olson, Ben Ginsberg, Michael McConnell, and Judge Luttig:
[M]illions of people believe that the election was stolen. So how might they be dissuaded? Perhaps… Continue reading
Cert. Petition Asserts Racial Gerrymandering of PA State Legislative Districts
Here’s the question presented by the cert petition in Benninghoff v. 2021 Legislative Reapportionment Commission, brought by Pennsylvania’s Republican House Majority Leader:
Pennsylvania’s Legislative Reapportionment Commission admittedly made extensive use of race in constructing up to 14 state legislative… Continue reading
Bob Bauer and Jack Goldsmith: The North Carolina Case in Perspective: and Why the Danger of a Subverted Presidential Election Lies Elsewhere
The following is a guest post from Bob Bauer and Jack Goldsmith:
A wave of panic greeted the Supreme Court’s recent announcement that it will review a case involving North Carolina’s gerrymandered congressional map. The ultimate concern is that… Continue reading
CLC on “The Supreme Court’s Role in the Degradation of U.S. Democracy”
From the first page of the hard-hitting report, available here, that Campaign Legal Center released today:
The time has come to talk about what the Supreme Court is doing to American democracy. For more than half a century—roughly during… Continue reading
“The Case That Could Blow Up American Election Law”
Tom Wolf and Ethan Herenstein of the Brennan Center in the Atlantic:
Members of the Supreme Court’s conservative supermajority just last week took the next step in a little-noticed, but extremely dangerous, project: attempting to jam into law a radical… Continue reading
“How the Supreme Court could make it legal to steal the next presidential election”
Jessica Levinson in MSNBC on Moore v. Harper: “Our conservative Supreme Court stands ready to allow states to legally steal presidential elections by blessing a right-wing legal theory called independent state legislature doctrine. It is not an overstatement to… Continue reading
“How The Supreme Court Could Turbocharge Gerrymandering — Just In Time for 2024”
538 on Moore v. Harper:
The independent state legislature theory is fewer than 25 years old, and for most of its life, it’s been relegated to the fringes of academia. But it was widely promoted by former President Donald … Continue reading
“What a New Supreme Court Review May Mean for Albany’s Culture of Graft”
NYT: “[I]in key rulings in the past dozen years, the U.S. Supreme Court narrowed the law governing corruption, resulting in the overturning of the convictions of at least three prominent former New York lawmakers. And with the court’s announcement… Continue reading
“Next Time Trump Tries to Steal an Election, He Won’t Need a Mob”
Jamelle Bouie’s NYT column:
Last week, the Supreme Court announced it would hear arguments in Moore v. Harper, a challenge to North Carolina’s new congressional map.The long and short of the case is that North Carolina Republicans proposed a… Continue reading
“The dangerous election theory the Supreme Court may be poised to endorse”
Josh Douglas in CNN Opinion:
The justices have agreed to hear Moore v. Harper, a case that hinges on a technical legal issue with immense implications, and that raises the question of whether there any limits to… Continue reading
Washington Post on Independent State Legislature Theory
WaPo editorial: “The decision to hear Moore v. Harper could lead to an erosion of voting rights and an increasing likelihood of election interference…. It could also create manifold opportunities for mischief of the sort then-President Donald Trump and… Continue reading
A Historical Challenge to the Independent State Legislature Theory
Sean Daly (MA, Political Science, NIU) shares these thoughts:
In the 1930s the Court unanimously decided Smiley v. Holm, Secretary of State, 285 U.S. 355 (1932), Koenig et al. v. Flynn, Secretary of State, et al., 285 U.S. 375 (1932),… Continue reading