Ciara Torres-Spelliscy’s “Democracy & Destiny” Podcast, Episode 3, with Professor Rick Hasen WBAI version
Pleased to be a guest on Ciara’s show.
Category Archives: Supreme Court
“Where the Voting Rights Act stands after the Supreme Court punts on a Louisiana case”
Hansi Lo Wang, looking ahead for NPR.
A few thoughts on election litigation after Trump v. CASA
Justin helpfully summarized the lay of the land after Trump v. CASA with respect to universal injunctions and graciously linked to my previous takes on the topic. Of note is that statewide relief in federal courts, just like nationwide relief… Continue reading
Supreme Court sets Louisiana congressional case for reargument
Well, that was unexpected. As mentioned a moment ago, the Court today punted on the Louisiana congressional case, Louisiana v. Callais, setting it for reargument next Term. The order says that the Court will “issue an order scheduling argument… Continue reading
Supreme Court pushes back on universal injunctions
In the birthright citizenship cases, the Supreme Court today issued a 32-page 6-3 opinion that didn’t touch the merits (and produced 21 pages of concurrences and 65 pages of dissents). But the procedural issue it did decide may end up… Continue reading
SCOTUS denies cert. on felony disenfranchisement case (allowing case to proceed)
Back in December, I flagged an important 4th Circuit opinion rejecting Virginia’s claims that it was immune from suit under the Virginia Readmission Act, which plaintiffs’ assert prevents the Commonwealth from disenfranchising citizens for convictions that wouldn’t have been common… Continue reading
“The Standard of Proof in Racial-Gerrymandering Cases: Alexander’s Mistake and its Implications”
Michael Pardo has posted this fascinating paper (forthcoming, University of Illinois L. Rev) on SSRN. Here is the abstract:
In Alexander v. South Carolina State Conference of the NAACP, the United States Supreme Court reversed a district court ruling that… Continue reading
Issacharoff and Muller, “Relocating Nationwide Injunctions”
Earlier this year, I wrote about how potential reform over the “universal” or “nationwide” injunction might affect a set of election law cases. The Supreme Court’s recent oral argument in Trump v. CASA has brought the debate about nationwide injunctions… Continue reading
Metzger, “Disqualification, Immunity, and the Presidency”
New article by Gillian Metzger in the Harvard Law Review:
This essay analyzes Trump v. Anderson and Trump v. United States. It argues that, despite surface similarities—not least that they both helped smooth the path to Trump’s re-election as President—the two decisions differ in… Continue reading
Alabama Law Review issue dedicated to voting rights
A recent issue of the Alabama Law Review includes the following pieces:
Michael J. Pitts, Re-Legislating Section 2 of the Voting Rights Act
Daniel P. Tokaji, Racist Voting
Judge J. Michelle Childs, Voting Rights: Mechanisms for Social Change
Daiquiri J.… Continue reading
Supreme Court grants certiorari in Bost v. Illinois State Board of Elections on standing to challenge rules relating to the time receiving absentee ballots
From SCOTUSblog and the question presented:
Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted… Continue reading
Democratic Party, in Marc Elias Brief, Seeks to Intervene in NRSC Case at Supreme Court to Defend Limits on Coordinated Spending by Parties
Well this is a very interesting development in the case I’ve been tracking closely and expect the Supreme Court to hear, especially given that Marc Elias has not been one to generally defend campaign finance limits applied to political parties.… Continue reading
“US Supreme Court rejects Michigan GOP bid to overturn new voting rules”
Votebeat:
The U.S. Supreme Court this week turned away a petition by 11 Republican Michigan legislators who sought to overturn expanded voting measures enacted through statewide ballot initiatives, bringing an end to the federal case known as Lindsey v. Whitmer. … Continue reading
Breaking: Trump DOJ Agrees with Republican Party in Supreme Court Filing That Limits on Coordinated Political Party Spending Violate the First Amendment; Court Likely to Take Case and Strike Down Statute
I have been following this NRSC case for a long time, and long predicted a cert grant. After multiple delays, starting when Biden was still president, DOJ has filed its response in the Supreme Court to the Republican Party. In… Continue reading