Category Archives: Supreme Court

“Supreme Court Signals That Landmark Libel Ruling Is Secure”

February 10, 2025, 7:36 amFirst Amendment theory, Supreme CourtRick Hasen

Adam Liptak for the NYT: Starting in 2019, Justice Clarence Thomas has repeatedly called for the Supreme Court to reconsider New York Times v. Sullivan, the landmark First Amendment decision that made it hard for public officials to prevail… Continue reading

25th Anniversary of Bush v. Gore Two-Day Conference at Florida State

February 10, 2025, 7:21 amBush v. Gore reflections, Supreme CourtRick Hasen

I went to the first conference on Bush v. Gore at Florida State back right when the case was decided, and I’m very excited to be going back for this event with an amazing group on Feb. 28 and March… Continue reading

“Suit Over Firing by Trump Could Pave Way for Broader Presidential Power”

February 7, 2025, 7:37 amSupreme CourtRick Hasen

Adam Liptak for the NYT: When Gwynne A. Wilcox sued President Trump on Wednesday over her firing from the National Labor Relations Board, her lawsuit included an unusually candid statement. Ms. Wilcox knew, she said, that Mr. Trump was hoping… Continue reading

ELB Podcast 6:5: Fair Elections and Voting Rights: What Ahead in the Next Four Years? (Gardner, Karlan, Richer)

February 5, 2025, 5:08 pmELB Podcast, legislation and legislatures, Supreme Court, voting, Voting Rights ActRick Hasen

Season 6, Episode 5 of the ELB Podcast: What will the new Trump Administration and the new Congress do when it comes to voting rights and fair elections? What challenges face state and local election officials going forward? Will the… Continue reading

Pennsylvania Republicans, in Jones Day Petition, Try Again to Get U.S. Supreme Court Interested in Second Guessing State Election Law Decisions Through Independent State Legislature Theory

February 4, 2025, 1:32 pmlegislation and legislatures, Supreme CourtRick Hasen

SCOTUS recently passed on taking up a case out of Montana, but Pennsylvania Republicans are trying again, with this cert petition involving a PA Supreme Court ruling allowing under state law those voters who filed a technically defective mail-in ballot… Continue reading

“Originalism, Election Law, and Democratic Self-Government”

February 4, 2025, 8:33 amSupreme Court, theoryRick Hasen

Joshua Sellers has posted this draft on SSRN (forthcoming, Florida Law Review). Here is the abstract: Originalism has a democracy problem. Among prevailing theories of constitutional interpretation–pragmatism, common-law constitutionalism, popular constitutionalism, and Elysian representation-reinforcement–originalism uniquely creates a legal environment in… Continue reading

Watch Archived Video of Safeguarding Democracy Project Conversation with Amy Gardner, Pam Karlan, and Stephen Richer on What To Expect with Voting and Elections over the Next Four Years

January 30, 2025, 4:49 pmchicanery, election administration, election subversion risk, Supreme Court, Voting Rights ActRick Hasen

I learned a ton from this excellent discussion. Watch:

“Cruel and unusual? Supreme Court declines to review Mississippi voting ban for convicted felons”

January 27, 2025, 7:29 amfelon voting, Supreme CourtRick Hasen

USA Today: The Supreme Court declined Monday to decide whether a permanent voting ban on people convicted of felonies in Mississippi is cruel and unusual punishment. The court, in 2023, had also rejected a different challenge to the state’s voting… Continue reading

Supreme Court Turns Down Two Major Election Law Cases, One on Independent State Legislature Theory

January 21, 2025, 7:39 amSupreme CourtRick Hasen

The Supreme Court passed up its best opportunity to give greater content to the independent state legislature theory outside the context of a hot presidential election, in a case out of Montana. It is somewhat surprising that the Court did… Continue reading

My Review of “The ‘Stench’ of Politics: Polarization and Worldview on the Supreme Court”

January 14, 2025, 4:25 pmSupreme CourtRick Hasen

I have written this book review for Political Science Quarterly, reviewing The “Stench” of Politics: Polarization and Worldview on the Supreme Court by Joseph Russomanno. It begins: After the disputed 2000 election that culminated in the Supreme Court’s opinion… Continue reading

“Fifteen Years Later, Citizens United Defined the 2024 Election”

January 14, 2025, 10:10 amcampaign finance, Supreme CourtRick Hasen

New analysis from the Brennan Center.

Supreme Court Rejects Racial Gerrymandering Claim Out of North Dakota Redistricting

January 13, 2025, 7:12 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Michael Li explains:

“How a Phone Call Drew Alito Into a Trump Loyalty Squabble”

January 10, 2025, 7:25 amconflict of interest laws, Supreme CourtRick Hasen

NYT: The circumstances were extraordinary for another reason: Justice Alito was being drawn into a highly personalized effort by some Trump aides to blackball Republicans deemed insufficiently loyal to Mr. Trump from entering the administration, according to six people with… Continue reading

Supreme Court, on 5-4 Vote, Will Not Stop Sentencing of Donald Trump Tomorrow (on Charges for Which the Judge Will Not Impose Jail Time)

January 9, 2025, 4:37 pmSupreme CourtRick Hasen

Here is the order in full: 24A666 TRUMP, DONALD J. V. NEW YORK, ET AL. The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the… Continue reading