Category Archives: Supreme Court

“Balkinization Symposium on Neal Devins and Lawrence Baum, The Company They Keep– Collected Posts”

April 15, 2019, 7:31 ampolitical parties, political polarization, Scalia, Supreme CourtRick Hasen

Balkinization: Here are the collected posts for our Balkinization symposium on Neal Devins and Lawrence Baum’s new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). 1. Jack Balkin, Introduction to … Continue reading

Quote of the Day

April 13, 2019, 10:16 amcensus litigation, Supreme CourtRick Hasen

“It was like ‘Jeopardy,'” said Dale Ho, director of voting rights at the American Civil Liberties Union, one of the lawyers who will argue the case in the Supreme Court. “They had the answer. They needed the question.” USA Today… Continue reading

Webinar: The Citizenship Question Presented: The Census Case Reaches the Supreme Court

April 12, 2019, 8:41 amcensus litigation, Supreme CourtRick Hasen

ACS: On April 23rd, the Supreme Court will hear oral argument in Department of Commerce v. New York, a case that raises questions of administrative and constitutional law, and that has the potential to affect the accuracy of the… Continue reading

“Fixing Gerrymandered Maps Tougher than Gorsuch, Kavanaugh Think”

April 4, 2019, 2:01 pmredistricting, Supreme CourtRick Hasen

Bloomberg Law: The Supreme Court’s newest justices, Neil Gorsuch and Brett Kavanaugh, highlighted independent redistricting commissions as a solution to state legislatures maximizing seats for the party in power while drawing voting districts.But legal experts say these commissions can’t… Continue reading

Horwitz on The Troubling Phenomenon of Supreme Court Justices as Celebrities

April 4, 2019, 9:14 amSupreme CourtRick Hasen

Paul Horwitz: Usefully, Hasen emphasizes “the role of the ‘Celebrity Justice,’ a phenomenon which Devins and Baum acknowledge near the end of the book. Scalia, and later Ruth Bader Ginsburg, became rock star Justices, drawing adoring crowds… Continue reading

SCOTUSBlog Running Symposium on Census Citizenship Question Case

April 4, 2019, 8:33 amcensus litigation, Supreme CourtRick Hasen

Posts being collected here.

“Two Birds, One Stone: The Supreme Court’s Shot to Fix the Political Question Doctrine and Political Gerrymandering”

April 4, 2019, 7:57 amredistricting, Supreme CourtRick Hasen

Mike Parsons blogs.

A Recount Could Be Coming in Closely Watched Wisconsin Supreme Court Race

April 2, 2019, 9:00 pmjudicial elections, Supreme CourtRick Hasen

At the time I write this post, the closely watched race for the Wisconsin Supreme Court is a nailbiter: The loser can request a recount if the race is within 1 percent, and the state pays if it is… Continue reading

“The Elephant in the Room: Intentional Voter Suppression”

April 2, 2019, 11:38 amelection administration, Supreme Court, The Voting WarsRick Hasen

Lisa Manheim and Elizabeth Porter have posted this draft on SSRN (forthcoming, Supreme Court Review . Here is the abstract: Since its inception, the Roberts Court has acquiesced in—and at times even abetted—the attempts of many states to make it… Continue reading

“Siloed Justices and the Law/Politics Divide”

April 2, 2019, 7:18 ampolitical polarization, Supreme CourtRick Hasen

I have written this post for a Balkinization symposium on a terrific new book by Devins & Baum, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). My post begins: In an … Continue reading

“Gerrymandering as Viewpoint Discrimination: A ‘Functional Equivalence’ Test”

April 2, 2019, 7:06 amredistricting, Supreme CourtRick Hasen

Ned Foley blogs.

“Will the Supreme Court Follow the Law and Save the Census?”

April 1, 2019, 8:06 amcensus litigation, Supreme CourtRick Hasen

David Gans blogs.

Esquire Interviews Allison Riggs, One of the Plaintiffs’ Attorneys Who Argued the North Carolina Partisan Gerrymandering Case

March 31, 2019, 9:00 pmredistricting, Supreme CourtRick Hasen

Here.

Are Congressional Action, Voter-Established Redistricting Commissions, or State Courts Good Substitutes or Supplement for Federal Court Review of Partisan Gerrymanders?

March 30, 2019, 9:29 amredistricting, Supreme Court, UncategorizedRick Hasen

At the recent oral argument in the partisan gerrymandering cases, both Justices Gorsuch and Kavanaugh raised the question whether partisan gerrymandering is a problem that could solve itself without federal court intervention. One possibility is through congressional action establishing state… Continue reading