“Jan. 6 Obstruction Case at Supreme Court Could Help Trump and Many Others”
Adam Liptak for the NYT.
Category Archives: Supreme Court
The Supreme Court Can No Longer Sidestep Considering January 6 and the Attempts to Subvert the 2020 Election
The Supreme Court was miraculously able to sidestep any grappling with attempts to subvert the 2020 presidential election in Trump v. Anderson, the case over whether Donald Trump was barred from serving as President again for encouraging an insurrection. The… Continue reading
“Supreme Court to weigh if Jan. 6 rioters can be charged with obstruction”
Ann Marimow for WaPo:
Defense lawyers say prosecutors overreachedby charging rioters with a crime that is limited to conduct that destroys or tampers with evidence sought by investigators. The government’s broad application of the statute, the lawyerswarned in court filings,… Continue reading
Danforth, Luttig Amicus Brief in SCOTUS Trump Immunity Case Warns of Dangers to Democracy If President Has Immunity to Steal the Next Election
From the Introduction:
Presidential immunity, under any label, should never be so broad as to embolden an outgoing President’s violations of federal criminal statutes as part of efforts that would prevent what Article II mandates—the vesting of the authority… Continue reading
“In Electoral Disputes, State Justices Are Less Reliable GOP Allies than the U.S. Supreme Court—That’s the ‘Problem’ the Independent State Legislature Claim Hopes to Solve”
Rebecca L. Brown, Lee Epstein, and Michael J. Nelson have this new article in the Annals of the American Academy of Political and Social Science. Here is the abstract:
Scholars have identified serious drawbacks to the independent state… Continue reading
“Transforming Constitutional Doctrine Through Mandatory Appeals from Three-Judge District Courts: The Warren and Burger Courts and Their Contemporary Lessons”
Michael Solimine, who knows more about the use of 3-judge courts in election cases than anyone I know, has posted this draft on SSRN (forthcoming U Pitt. L. Rev.). Here is the abstract:
Judicial interpretations of the Equal Protection and… Continue reading
“The ‘Bounds’ of Moore: Pluralism and State Judicial Review”
Leah Litman and Kate Shaw have written this essay for the Yale Law Journal Forum. Here is the abstract:
In Moore v. Harper, the Supreme Court rejected a maximalist version of the “independent state legislature theory” (ISLT), invoking state judicial… Continue reading
“It Depends Who’s Doing the Jawboning”
I’ve got a new post up at Lawfare about a crucial piece missing from the discussion around Murthy v. Missouri, the SCOTUS case about jawboning the social media platforms. Plenty of the Justices had welcome real-world executive experience that came… Continue reading
“South Carolina latest state to use congressional map deemed illegal”
Patrick Marley for WaPo:
In a scenario that has played out in three states in recent years, a federal court ruled Thursday that time had run out to draw a new congressional district in South Carolina and that the state… Continue reading
Amid SCOTUS’s Continued Silence, Federal District Court in South Carolina Racial Gerrymandering Case Will Allow Congressional Election to Go Forward Under District It Held Illegal
Here is the order:
The present circumstances make it plainly impractical for the Court to adopt a remedial plan for Congressional District No. 1 in advance of the military and overseas absentee ballot deadline of April 27, 2024 mandated under… Continue reading
Very Strong Brief from Plaintiffs in South Carolina Racial Gerrymandering Case Opposing Getting Last Minute SCOTUS Intervention
You can find it here.
Still amazed that the state of South Carolina tried to rely on Purcell here.
“South Carolina Republicans ask justices to let district ruled a racial gerrymander go forward”
Amy Howe for SCOTUSBlog:
Telling the justices that if they do not intervene they will create “confusion and uncertainty over this year’s elections,” a group of Republican lawmakers from South Carolina came to the Supreme Court this week, asking the… Continue reading
“Supreme Court Voices Skepticism Over Social-Media Censorship Claims Against Government”
WSJ:
The Supreme Court seemed likely Monday to reject a bid by GOP-led states to restrict the federal government from urging social-media companies to remove allegedly misleading posts or disinformation on their platforms, unless there is a threat of official… Continue reading
“Supreme Court rejects appeal by former New Mexico county commissioner banned for Jan. 6 insurrection”
AP:
The Supreme Court on Monday rejected an appeal from a former New Mexico county commissioner who was kicked out of office over his participation in the Jan. 6, 2021, insurrection at the U.S. Capitol.
Former Otero County commissioner Couy … Continue reading