“How Scalia Law School Became a Key Friend of the Court”
The NYT reports on the relationship between the school and several Justices.
Category Archives: Supreme Court
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
[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?
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”
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
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”
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”
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”
Judge Luttig in The Atlantic.
Justice Thomas addresses ProPublica report on luxury travel gifts
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
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
Richard Bernstein: “The U.S. Supreme Court Should Vacate and Remand in Moore v. Harper”
The following is a guest post from Richard Bernstein, who wrote this amicus brief in Moore v. Harper but who expresses his own views here:
Although I wrote and joined an amici brief supporting affirmance in Moore v. Harper, recent… Continue reading
It appears the Supreme Court will retain jurisdiction over Moore v. Harper, but it’s not a sure thing
Earlier this month, I highlighted the confusion around the jurisdictional issue in Moore v. Harper now that the North Carolina Supreme Court granted rehearing in Harper II and is reconsidering the holding in Harper I (i.e., the case the Court… Continue reading
United States Solicitor General, State Respondents in Moore v. Harper Case Suggest Supreme Court Dismiss the Case as Improvidently Granted; Common Cause and Legislative Petitioners Want to Court to Keep Independent State Legislature Case Going [Updated]
So far, no brief yet from the state legislative respondents. Here are the other briefs:
Mar 20 2023Supplemental letter brief of United States submitted.Main DocumentMar 20 2023Supplemental letter brief of Common Cause submitted.Main DocumentMar 20 2023Supplemental… Continue reading
Two federal courts have recently found that states have no sovereign immunity under the Elections Clause
To continue my sovereign immunity discussion from yesterday, a federal court last year found that Congress did not abrogate state sovereign immunity under the Voting Rights Act. Congress must do so with “unmistakable clarity” when enforcing the Reconstruction Amendments,… Continue reading