Category Archives: Supreme Court
Who can sue in federal court to enforce the date of holding presidential elections (and perhaps by extension some provisions of the Electoral Count Reform Act)?
The Republican National Committee sued Nevada last month in federal court in Nevada in RNC v. Burgess. The complaint alleges, among other things, that Nevada accepts mail ballots received up to three days after Election Day, even without a… Continue reading
I’ll Be Moderating: “Under the Gavel: The U.S. Supreme Court’s Most Recent Term in Review” July 10 at the UCLA Hammer Museum
Really looking forward to moderating this all-star panel at the UCLA Hammer Museum, co-sponsored by the Safeguarding Democracy Project (video of the event will be posted shortly after the event):
With rulings on major issues expected by the start of… Continue reading
“Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case”
Leah Litman NYT oped:
This court has lost the benefit of the doubt for myriad reasons, including its willingness to act quickly in cases that benefit Republican interests. In addition to the disqualification case, two and a half years… Continue reading
“Democracy Litigation in SCOTUS and the States”
The State Democracy Research Initiative and the Elections Research Center at U. Wisconsin are hosting an all-star panel on July 11: Miriam Seifter facilitating a conversation with Pam Karlan, Derek Muller, Gowri Ramachandran, and Rylee Sommers-Flanagan… Continue reading
“Harlan Crow Provided Clarence Thomas at Least 3 Previously Undisclosed Private Jet Trips, Senate Probe Finds”
These flights were revealed by the Senate Judiciary Committee based on disclosure by Crow, not Justice Thomas.
Justice Thomas has maintained (including in response to the latest) that he was told that these flights fall under an exception in… Continue reading
Could the Court’s unanimous decision in FDA v. AHM upend some federal election litigation?
In order to sue in federal court, a plaintiff must have “standing,” an actual or imminent concrete and particularized injury in fact caused by the defendant and redressable by a federal court. Many lawsuits are thrown out for lack of… Continue reading
It’s SCOTUS decision season
We’re waiting for several big SCOTUS cases with a tie to this blog’s content. One of the perhaps-less-watched (?) was released this morning: Vidal v. Elster, about an attempt to trademark “Trump too small” to use on campaign gear,… Continue reading
“Supreme Court Justice Clarence Thomas accepted gifts worth millions of dollars over 20 years, analysis finds”
Analysis from Fix the Court says it adds up to $2.4 million between 2004 and 2023. Which CNBC has helpfully put into a bar chart.
Supreme Court Asks for US Government’s Views on North Dakota Racial Gerrymandering/Voting Rights Act Case
Order list and jurisdictional statement.
Surprise! A brief from Alabama for 13 states would go much further in attempting to dismantle the Voting Rights Act as applied to redistricting.
The request to hear from the Solicitor General means this… Continue reading
“Supreme Court sends dispute over Arkansas’ GOP-drawn congressional map back to lower court”
NBC News:
The Supreme Court on Monday told a lower court to take a fresh look at claims alleging that Republican-drawn congressional districts in Arkansas sought to minimize the influence of Black voters.
The justices threw out a May 2023… Continue reading
Greg Sargent Presses Sen. Whitehouse on Senate Hearings About Supreme Court Conduct
Listen, beginning around 10:30 in the podcast.
“This Supreme Court ruling is a ‘get-out-of-jail’ card for racial discrimination”
Michael Li oped:
The Supreme Court’s conservative supermajority made it much easier last week to attack the political power of the nation’s growing communities of color. The high court’s attacking voting rights isn’t new. But the latest blow, in … Continue reading
“Commentary: ‘Good faith’? Not in the SC Legislature and not on the US Supreme Court”
Vernon Burton and Armand Derfner:
Of all the defects in last week’s decision upholding South Carolina’s gerrymandered 1st Congressional District, none is more depressing than the U.S. Supreme Court’s debasement of the term “good faith.” As The Post and Courier… Continue reading