Category Archives: Supreme Court

Retired Judge Michael Luttig, in WaPo Oped, Suggests Judge Barrett, If Confirmed Would Likely Have to Recuse (under the Caperton Case) in Any Supreme Court Election Litigation

October 18, 2020, 12:13 pmSupreme CourtRick Hasen

Judge Luttig: The majority declined to grapple with Roberts’s prescient question whether there is a principled difference between a case where a person has financially influenced a judge and one where the biasing influence is nonfinancial. But the majority’s evident… Continue reading

“Federal Appeals Courts Emerge as Crucial for Trump in Voting Cases”

October 17, 2020, 1:19 pmSupreme Court, The Voting WarsRick Hasen

NYT: The Texas case is one of at least eight major election disputes around the country in which Federal District Court judges sided with civil rights groups and Democrats in voting cases only to be stayed by the federal appeals… Continue reading

“Supreme Court is about to have 3 Bush v. Gore alumni sitting on the bench”

October 17, 2020, 1:14 pmBush v. Gore reflections, Supreme CourtRick Hasen

Joan Biskupic for CNN.

“Barrett Won’t Pull Away From Trump’s Coattails”

October 17, 2020, 1:04 pmSupreme CourtRick Hasen

Jost on Justice: The recusal issue was one of at least five lines of questions from Democrats that gave Barrett easy options to pull herself away from Trump’s coattails. But she begged off on each one, by hiding behind the… Continue reading

“Supreme Court Speeds Up Case On Trump’s Push To Alter Census For House Seats”; But Still a Good Chance Trump Loses Case

October 16, 2020, 2:51 pmcensus litigation, Supreme CourtRick Hasen

NPR: The U.S. Supreme Court has granted the Trump administration’s request to speed up the appeal of a lower court ruling that is blocking the president’s attempt to exclude unauthorized immigrants from the census numbers used to reallocate seats… Continue reading

Alabama SOS John Merrill Asks Supreme Court to Kill Curbside Voting

October 15, 2020, 1:23 pmabsentee ballots, Supreme CourtRick Hasen

Find it here.

“Voting Is An ‘Individual Right,’ Barrett Testifies, But Critics Remain Leery”

October 14, 2020, 12:25 pmSupreme CourtRick Hasen

NPR: Sen. Dick Durbin of Illinois returned to voting rights questions during his portion of the morning on Wednesday by returning to a case Barrett handled on the appeals court. She wrote that a man involved who had been… Continue reading

Judge Barrett Won’t Answer Question Whether Every Presidential Candidate Should Commit to a Peaceful Transition of Power, Seeing It as a “Political Controversy”

October 13, 2020, 9:58 pmSupreme CourtRick Hasen

Watch: Barrett is asked if she believes a president should unequivocally commit to a peaceful transfer of power"To the extent that this is a political controversy right now, as a judge I want to stay out of it, and I… Continue reading

Over Justice Sotomayor’s Dissent, Supreme Court Will Let the Census Count End Earlier Than Original October 31 Date

October 13, 2020, 1:55 pmcensus litigation, Supreme CourtRick Hasen

You can find the order here.

“Barrett won’t commit to recusing from election disputes”

October 13, 2020, 9:51 amSupreme CourtRick Hasen

AP: The 48-year-old appellate court judge, nominated by President Donald Trump and on track for quick confirmation before the Nov. 3 election, also declined to commit to recusing herself from any cases arising from that election.“I can’t offer an… Continue reading

In Defending Judge Barrett’s Non-Committal on Recusal in a Trump v. Biden Case, Ed Whelan Lies in Saying No One Questioned Whether Justice Ginsburg Would Have to Recuse in an Election-Related Case Given Her Comments About Trump

October 11, 2020, 5:11 pmSupreme CourtRick Hasen

From this ABC report: If Judge Amy Coney Barrett is confirmed and seated by Nov. 3 or shortly after, she could participate in decisions about any election-related petitions. This week, Sen. Chris Coons, D-Del., said Barrett “made no commitment… Continue reading

The Purcell Principle Needs to Be Reined in and David Gans Has the Goods

October 8, 2020, 9:07 amSupreme CourtRick Hasen

I’ve been quite critical of the Purcell Principle, most comprehensively in this piece, Reining in the Purcell Principle. Since I wrote that article, the Court has only made things worse. David Gans, in this careful ACS issue brief, brings… Continue reading

“Trump Officials Ask Supreme Court To Block Order That Extends Census Counting”

October 8, 2020, 8:13 amcensus litigation, Supreme CourtRick Hasen

Hansi Lo Wang for NPR: The Trump administration is asking the Supreme Court to allow counting for the 2020 census to end soon.In an emergency request on Wednesday, Acting Solicitor General Jeffrey Wall said that the Census Bureau must immediately… Continue reading

“Key Legal Fights Over Voting Remain Unresolved As Election Day Draws Close”

October 8, 2020, 8:04 amSupreme Court, The Voting WarsRick Hasen

Pam Fessler for NPR: With so many cases still up in the air, legal experts say it’s difficult to tell whether Democrats or Republicans are coming out ahead. Democrats have won numerous victories — including fending off a Republican effort… Continue reading