NYT: Former President Donald J. Trump asked the Supreme Court on Monday to pause an appeals court’s ruling rejecting his claim that he is absolutely immune from criminal charges based on his attempts to subvert the 2020 election. Unless the… Continue reading

Jeannie Suk Gersen: The election-law experts Edward Foley, Benjamin Ginsberg, and Richard Hasen warned, in an amicus brief, that if the Justices resolve the case without “deciding the merits of the disqualification question,” it “would not reflect an admirable judicial… Continue reading

Adam Liptak for the NYT: Chief Justice John G. Roberts Jr. and his colleagues seemed ready on Thursday to start to rebuild the court’s reputation by presenting themselves as unified and apolitical. He has had a bumpy ride of late,… Continue reading

A careful listener pointed to to the exchange in the oral argument at around 2:30-31 on the audio. It’s not clear where the emphasis is from the transcript on the words “in your view,” but it sure sounded from the… Continue reading

Jim Gibson in AJPS. Abstract: Extant research has established that displeasure with a Supreme Court ruling typically has negligible consequences for institutional support, largely because, as legitimacy theory’s positivity bias explains, judicial decisions are invariably delivered with the accoutrements of… Continue reading

Readers will have to refresh the link I will post to get my comments on the case. I should be on NPR before and perhaps after the oral arguments start. And I’m tentatively set for some television appearances tomorrow as… Continue reading

The following is a guest post from Peter Keisler and Richard Bernstein, delving deep into Trump’s hypertechnical lead argument: Former President Trump’s reply brief in Trump v. Anderson makes five arguments that if, under Section 3 of the Fourteenth Amendment,… Continue reading

Greg Stohr for Bloomberg: A historic showdown over Donald Trump’s eligibility to reclaim the White House puts pressure on the US Supreme Court to provide a clear political road map as the nation braces for the prospect of a tumultuous… Continue reading

The following is a guest post from Richard Bernstein: The formidable Prof. Marty Lederman recently has argued that the Electors Clause does not apply to presidential primaries because primaries elect delegates rather than electors. This particular argument, however, is wrong.… Continue reading