Category Archives: Supreme Court
Supreme Court Does Not Issue Order Today on Whether or Not to Hear Moore v. Harper, the Independent State Legislature Case
Nothing on today’s order list about this 800-pound-gorilla of election cases. We could get an order granting a hearing in the case on next week’s order list or a following week, or we could get one or more Justices dissenting… Continue reading
“The Influence of Partisanship on Supreme Court Election Law Rulings”
Anthony Gaughan has posted this draft on SSRN (Notre Dame Journal of Law, Ethics and Public Policy). Here is the abstract:
This article examines the role of partisanship in Supreme Court election law rulings. To that end, it surveys the… Continue reading
Listen to Slate “Amicus” Podcast with Joan Biskupic, Dahlia Lithwick, and Me: “Somewhere John Roberts Is Screaming Into an Expensive Pillow; How does SCOTUS even operate in this environment?”
I had a great conversation with Dahlia Lithwick and Joan Biskupic on the Slate Amicus podcast about the weird state of the Supreme Court before the coming storm and the Court’s intersection with the January 6 investigation.
You can listen… Continue reading
“The Supreme Court, Public Opinion and the Fate of Roe”
Adam Liptak NYT Sidebar column:
But is there indeed evidence that public opinion influences the court?The justices themselves have suggested that there is at least a correlation between the popular will and judicial outcomes.“Rare indeed is the legal victory… Continue reading
“Pennsylvania’s congressional map returns to the court”
SCOTUSBlog:
Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. When the justices deny an emergency application, however, that is not necessarily the end… Continue reading
Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections
You can find the Court’s order without opinion, and Justice Alito’s dissent for himself and for Justices Gorsuch and Thomas at this link. (Thanks to Steve Mazie for the pointer.) The case involves whether a part of the Civil Rights… Continue reading
Supreme Court calls for response in cert petition relating to Michigan term limits
A petition for cert is pending before the Supreme Court in Kowall v. Benson. The Supreme Court has called for a response, which doesn’t mean they’re granting cert, but at least marginally increases the likelihood that it would do… Continue reading
Jonathan Mitchell Cert. Petition Attacking Pennsylvania Congressional Redistricting Order from State Supreme Court Namechecks Marc Elias in the Question Presented
I’ve not seen something so ad hominem in a question presented in a cert. petition before:
Supreme Court Poised to Decide within Weeks Whether to Take Up Case Raising “Independent State Legislature” Theory–with Potential Big Implications for 2024 Elections
The Supreme Court is poised to decide before it breaks for the summer whether to hear Moore v. Harper, a case raising the question whether the North Carolina Supreme Court had the power to rein in the North Carolina… Continue reading
Support for Reforms to Court on Rise
New Quinnipiac Poll shows growing support for reforms to the Court as more Americans view the Supreme Court as politicized. The focus of the poll is on the direction the Court is going with Roe v. Wade. But the Court’s… Continue reading
Breaking and Analysis: Dividing on Ideological Lines and Breaking Little New Ground in FEC v. Cruz, Supreme Court Strikes Down Another Part of McCain-Feingold law
The result and lineup in today’s Supreme Court decision in FEC v. Cruz is no surprise: all the conservatives on the Court signed onto Chief Justice Roberts’ opinion holding that a loan repayment provision of the McCain-Feingold law is unconstitutional;… Continue reading
Breaking: Supreme Court, with No Noted Dissents, Turns Down Major Petition on Whether Corporations Have a Constitutional Right to Make Contributions Directly to Candidates
Once again, the Supreme Court has turned down the chance to consider the constitutionality of laws limiting direct campaign contributions to candidates. The Court upheld such limits in Beaumont v. FEC but it has been under sustained attack since Citizens… Continue reading
The Conservative Case for Proportional Representation
In the wake of New York’s redistricting decision this week, Washington Post columnist Henry Olsen urges Congress to reach a bipartisan agreement to end gerrymandering and offers three ways to do that. All three deserve attention, and I suspect that… Continue reading