Category Archives: Supreme Court

Were the Liberal Justices Savvy or Suckers in the NAMUDNO Voting Rights Case Leading to the Shelby County Case Overturning a Key Part of the Voting Rights Act? New Inside Information from Judge Tatel Shows They Were Suckers

May 29, 2024, 7:27 amSupreme Court, Voting Rights ActRick Hasen

Before there was Shelby County there was NAMUDNO, a case that punted on the constitutionality of a key part of the Voting Rights Act in an almost unanimous opinion. I wrote in the Supreme Court Review in 2009 that the… Continue reading

Justice Alito’s Flag Story Doesn’t Add Up

May 29, 2024, 7:20 amethics investigations, Supreme CourtRick Hasen

New must-read reporting from Jody Kantor in the NYT: To better understand the clash, The Times interviewed Ms. Baden, her mother and her husband, as well as other neighbors, and reviewed the texts that Ms. Baden and her husband sent… Continue reading

The long shadow of the Elections Clause

May 29, 2024, 6:01 amredistricting, Supreme CourtDerek Muller

Rucho v. Common Cause and Alexander v. South Carolina State Conference of the NAACP both involved congressional redistricting. Each took place, ostensibly, under Article I, Section 4, Clause 1 of the Constitution, the Elections Clause. From Rucho, “Congress has regularly… Continue reading

Brandon Johnson: “There’s ‘Clear Error’ in the Supreme Court’s New Racial Gerrymandering Decision

May 24, 2024, 5:02 pmSupreme CourtRick Hasen

The following is a guest post from Brandon Johnson: The Supreme Court has made a habit of applying general rules of law in exceptional ways when deciding election law cases. The Court has, for example, elevated the holding in… Continue reading

“Supreme Court ruling makes it harder to bring racial gerrymandering claims”

May 24, 2024, 6:34 amSupreme CourtRick Hasen

Nina Totenberg reports for NPR.

Breaking and Analysis: Justice Alito for Republican Justices, over the Dissent of Democratic Justices, Rewrites Racial Gerrymandering Standards to Help White Republican States

May 23, 2024, 7:11 amredistricting, Supreme Court, Voting Rights ActRick Hasen

[This post has been edited and updated.] In a 6-3 decision authored by Justice Alito, the Supreme Court has reversed a lower court ruling holding that South Carolina’s congressional map was a racial gerrymandering. Justice Thomas concurred, and Justice Kagan,… Continue reading

WTF Justice Alito?

May 22, 2024, 3:08 pmconflict of interest laws, Supreme CourtRick Hasen

NYT: Last summer, two years after an upside-down American flag was flown outside the Virginia home of Justice Samuel A. Alito Jr., another provocative symbol was displayed at his vacation house in New Jersey, according to interviews and photographs. This… Continue reading

“At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display”

May 16, 2024, 3:40 pmSupreme CourtRick Hasen

Jodi Kantor for the NYT: After the 2020 presidential election, as some Trump supporters falsely claimed that President Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts:… Continue reading

ELB 5:7: Rick Pildes: The Two Ricks Discuss the Trump Immunity and Hush Money Cases

May 2, 2024, 7:31 pmELB Podcast, Supreme CourtRick Hasen

New ELB Podcast: How should we understand the Supreme Court’s questions in the Trump immunity case? Will the Court let Donald Trump go to trial for 2020 election interference based just on his acts as a candidate and not… Continue reading

Breaking: Three Judge Court, Breaking Along Party Lines, Says Louisiana Impermissibly Created a Second Black Congressional District, Orders Hearing on Remedy

April 30, 2024, 3:38 pmredistricting, Supreme CourtRick Hasen

Faced with a likely successful lawsuit by minority plaintiffs under Section 2 of the Voting Rights Act, the Louisiana legislature drew a second black majority congressional district. After the districts were drawn, those who did not like Louisiana having a… Continue reading

“Why an Immunity Ruling in Trump’s Favor Might Not Alter the Shape of His Trial”

April 30, 2024, 7:01 amelection subversion risk, Supreme CourtRick Hasen

Charlie Savage in the NYT: If the Supreme Court rules that Donald J. Trump is immune from being charged with crimes over official actions he took as president, it would be a momentous decision for the future of executive power … Continue reading

Rick Hasen on CNN’s The Lead With Jake Tapper Discussing Fake Electors and Trump Immunity Claim (Video)

April 25, 2024, 3:09 pmelection subversion risk, Supreme CourtRick Hasen

You can watch here:

Rick Hasen’s Live Blog of the Supreme Court’s Oral Argument Over Trump’s Claim of Immunity in the Federal Election Subversion Case (Updates completed)

April 25, 2024, 6:44 amelection subversion risk, Supreme CourtRick Hasen

[This post has been updated.] After a couple of hours of oral argument, it appears that the Supreme Court is unlikely to embrace either Donald Trump’s extreme position—that would seem to give immunity for a president who ordered an assassination… Continue reading