Category Archives: Supreme Court

“Judicial activist directed fees to Clarence Thomas’s wife, urged ‘no mention of Ginni’”

May 4, 2023, 8:51 pmethics investigations, Supreme Court, Voting Rights ActJustin Levitt

WaPo reports: Conservative judicial activist Leonard Leo arranged for the wife of Supreme Court Justice Clarence Thomas to be paid tens of thousands of dollars for consulting work just over a decade ago, specifying that her name be left… Continue reading

“Senate panel explores ethics standards for US Supreme Court as questions swirl”

May 2, 2023, 4:05 pmethics investigations, Supreme CourtJustin Levitt

Reuters on the Judiciary Committee’s hearing today.

“Independent State Legislature” Theory, North Carolina, and Ohio

May 1, 2023, 7:43 pmelection law and constitutional law, Elections Clause, legislation and legislatures, redistricting, Supreme CourtJustin Levitt

Vik Amar and Jason Mazzone suggest that the Court grant cert. pronto in Huffman v. Neiman, the Ohio partisan gerrymandering case, as it considers whatever just happened in North Carolina. Rick had similar thoughts.

“The Judges Have Too Much Power”

May 1, 2023, 7:38 pmlegislation and legislatures, Supreme CourtJustin Levitt

Molly Coleman with a bunch of suggestions for Congress that probably sounded like good ideas to various Court-watchers with very different political orientations in different eras, trying to impose the “passive virtues.” I’d add shadow docket reform, particularly in the… Continue reading

“How Scalia Law School Became a Key Friend of the Court”

May 1, 2023, 7:34 amacademic freedom, ethics investigations, Supreme CourtJustin Levitt

The NYT reports on the relationship between the school and several Justices.

Updated: In Ruling with Major Political Implications that Potentially Moots U.S. Supreme Court Decision in Moore v. Harper Independent State Legislature Case, North Carolina Supreme Court, on 5-2 Partisan Vote, Holds Partisan Gerrymandering Claims Cannot Be Brought Under State Constitution

April 28, 2023, 10:09 amredistricting, Supreme CourtRick Hasen

[This post has been updated] In a 5-2 decision along partisan lines, the North Carolina Supreme Court held that it cannot consider partisan gerrymandering claims under the state constitution. This ruling overturns an earlier ruling of the state supreme… Continue reading

What happens to Moore v. Harper after the latest North Carolina Supreme Court decision in the partisan gerrymandering case?

April 28, 2023, 10:04 amredistricting, Supreme CourtDerek Muller

What a mess. Rick H. links to the North Carolina Supreme Court’s decision in the partisan gerrymandering cases. The congressional piece of that is in front of the United States Supreme Court right now. Earlier, I blogged about how “mootness”… Continue reading

“After the Oral Argument in Moore v. Harper”

April 26, 2023, 12:15 pmlegislation and legislatures, Supreme CourtRick Hasen

Michael Weingartner & Carolyn Shapiro have posted this draft on SSRN (forthcoming, U. Toledo L. Rev.). here is the abstract: The debate over the so-called independent state legislature theory (“ISLT”) is evolving. Some proponents of the theory have proposed a… Continue reading

Paul Clement leads cert petition in Mazo v. New Jersey Secretary of State on ballot speech issue

April 26, 2023, 11:50 amballot access, First Amendment theory, Supreme CourtDerek Muller

Late last year here at ELB, I highlighted the Third Circuit’s decision in Mazo v. New Jersey Secretary of State. (Disclosure: I filed an amicus brief in that case.) Check out that post for more on the background. Paul… Continue reading

“Supreme Court to decide if First Amendment stops government officials from blocking social media critics”

April 24, 2023, 7:27 amcheap speech, First Amendment theory, Supreme CourtRick Hasen

Tierney Sneed for CNN: The Supreme Court said Monday that it will consider whether the First Amendment protects social media users from being blocked from commenting on the personal pages that government officials use to communicate actions related to their… Continue reading

Steve Vladeck’s “The Shadow Docket”

April 21, 2023, 7:07 amELB Book Corner, Supreme CourtRick Hasen

I’ve just gotten an advanced copy of Steve Vladeck’s book, The Shadow Docket, out May 16, but you can preorder now. I’ve read the chapter on the Purcell Principle and it is terrific. The emergence of Supreme Court emergency… Continue reading

“The Court Is Likely to Reject the Independent State Legislature Theory; And that offers hope for American democracy”

April 14, 2023, 7:01 amlegislation and legislatures, Supreme CourtRick Hasen

Judge Luttig in The Atlantic.

Justice Thomas addresses ProPublica report on luxury travel gifts

April 7, 2023, 1:14 pmethics investigations, Supreme CourtJustin Levitt

NPR has his full statement: Harlan and Kathy Crow are among our dearest friends, and we have been friends for over twenty-five years. As friends do, we have joined them on a number of family trips during the more… Continue reading

Breaking: DC Circuit Decides Case About “Obstruct[ing]” “Official Proceedings” with Major Implications for Prosecution of January 6 Rioters for Invading U.S. Capitol, and Potentially Trump

April 7, 2023, 9:11 amelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

A divided three-judge panel of the D.C. Circuit, siding with almost all of the district court decisions considering the question, has held that some of those who invaded the U.S. Capitol on January 6, 2021 could be charged under a… Continue reading