Watch Video of My Appearance with Ari Melber on MSNBC Discussing Supreme Court Taking Trump Disqualification Case
You can watch at this link.
Category Archives: Supreme Court
Breaking: Supreme Court Will Hear Trump’s Challenge to Disqualification in Colorado on Expedited Schedule; Oral Argument Feb. 8: What It Means
You can find the Court’s order granting cert. and expediting the case at this link.
The cert. grant and expediting of time was expected, given the national importance of this issue and in particular of removing a major candidate from… Continue reading
Must-Read Sam Issacharoff: “Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment”
Sam, at Just Security:
The moves to disqualify former President Donald Trump in Colorado and Maine will doubtless force the Supreme Court to confront the obscure Section 3 of the 14th Amendment. In his petition for certiorari, and in… Continue reading
Donald Trump’s Cert. Petition to U.S. Supreme Court in Colorado Disqualification Case Raises Serious Issues that Merit Immediate Supreme Court Review; His Political Question Argument Risks Instability
Donald Trump’s just-filed cert. petition in the United States Supreme Court, like the earlier-filed cert. petition from the Colorado Republican Party, raises serious issues of profound national importance that merit extraordinarily expedited review by the United States Supreme Court.
This… Continue reading
“Opinion: New uncertainty about the Trump disqualification question further weakens our democracy”
Austin Sarat in The Hill:
Moreover, in a 2022 CNN poll, “about half of Americans, 48%,” said “they think it is at least somewhat likely that in the next few years, some elected officials will successfully overturn the results of… Continue reading
Clopton and Shaw on litigation and electoral time
New draft from Zachary Clopton (Northwestern) and Kate Shaw (Cardozo en route to Penn), forthcoming in the Wisconsin Law Review, is here, entitled Public Law Litigation and Electoral Time. Here’s the abstract:
Public law litigation is often politics by… Continue reading
Manheim on electoral sandbagging
Just published in the UC Irvine Law Review: Lisa Marshall Manheim (Washington), Electoral Sandbagging.
An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.”… Continue reading
Fiss on voting rights
When I guest blog, I like to highlight some recent or forthcoming scholarship on the weekend. I’ll start here. Owen Fiss, Why We Vote, Oxford University Press (released January 2024):
In Why We Vote, renowned legal scholar Owen Fiss… Continue reading
Supreme Court agrees to hear case about obstructing official proceedings, which could affect Trump prosecution
Rick H. highlighted the case back in April here and the decision of the D.C. Circuit–go check that out for background about the legal issues. Rick P. looked at recent news here. Today, the Court granted cert in Fischer … Continue reading
Galveston, TX Plaintiffs Go to SCOTUS in Effort to Overturn 5th Circuit Order Putting Voting Rights Redistricting Off for 2024
Justice O’Connor’s Complex Election Law Legacy
Condolences to the family of Justice Sandra Day O’Connor, who passed away after a long illness.
Justice O’Connor was a trailblazer, the first woman Justice and a former state legislator. She came to her election law cases with a kind… Continue reading
No rush to decide Section 3 cases in Michigan, Colorado
“Expedited” review of cases may be in the eye of the beholder. Appeals are pending in Section 3 cases in both Colorado and Michigan. Both states have indicated the cases ought to be resolved by the first week of January… Continue reading
Joan Biskupic: “Voting Rights Act ruling is latest attempt by Trump-nominated judges to overturn Supreme Court precedent”
Joan Biskupic for CNN:
A US appellate court decision Monday undercutting the Voting Rights Act of 1965 rejects decades of precedent and appears likely to provoke a confrontation at the US Supreme Court, where the milestone law has been increasingly under… Continue reading
Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain
Derek just blogged about this divided decision of the Eighth Circuit. It’s hard to overstate how important and detrimental this decision would be if allowed to stand: the vast majority of claims to enforce section 2 of the Voting Rights… Continue reading