This is the first in a few posts looking at litigation comparable to the issues in Moore v. Harper to see if any lessons can be learned from those areas. I’ll start with the Takings Clause.
Tamia Fowlkes for WaPo:
For many voters under 35 years of age, especially those on the left, the Supreme Court has become a political issue in the same way that climate change, gun violence and immigration have over the course… Continue reading
I have written this piece at Slate. It begins:
At the end of his majority opinion for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading
Westlaw Today:
Election law expert Richard L. Hasen says the U.S. Supreme Court has adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases.
Hasen,… Continue reading
I missed linking to this WaPo piece last week:
A Supreme Court term that began with dread among voting rights advocates that the justices could upend the rules governing elections is ending with relief and surprise that they have opted… Continue reading
As soon as I read Justice Kavanaugh’s concurring opinion in Moore v. Harper, I thought of Leah Litman‘s scholarship on novelty and how Kavanaugh’s proposed rule, if it becomes law, would deter the growth of state constitutional law protecting… Continue reading
From today’s final order list of the term, this dissent from Justice Jackson from a cert denial in Harness v. Watson:
The President of the 1890 Mississippi Constitutional Convention said it plain: “Let us tell the truth if it bursts… Continue reading
The following is a guest post from Rob Yablon:
Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading
The following is a guest post from Carolyn Shapiro:
As othershave already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading