Category Archives: Supreme Court
Will Gorsuch Break With Scalia, Providing 2d (or 3d) Vote To Allow Flood of Undisclosed Money in Elections?
The Supreme Court has long upheld the constitutionality of requiring disclosure of the money behind elections, lobbying, and many political activities. In the 1976 Buckley v. Valeo case, the Court held that such disclosure, while implicating First Amendment rights, served… Continue reading
Will Democrats Filibuster Gorsuch, Forcing McConnell to Go Nuclear?
Carl Hulse suggests this is a live possibility. The signals I had seen suggested Democrats would not filibuster.
We’ll see.
“Judge Gorsuch: Do You Back the ‘One Person, One Vote’ Principle?”
Doug Smith, author of On Democracy’s Doorstep, has written this article for the Daily Beast.
“Gorsuch Could Undermine Trump Travel Ban”
“Watch Sen. Whitehouse Grill Gorsuch About Dark Money, Corporate Power, and Citizens United”
Slate with the video.
Judge Gorsuch Misstates Citizens United’s Holding, and Inexplicably Says Congress Has Ample Room to Enact Expenditure Limits
From an exchange with Sen. Leahy at today’s hearing:
Judge Gorsuch, questioned on Citizens United, said the following (my transcription):
I think there is lots of room for legislation in this area that this court has left. The Court indicated… Continue reading
“Senators must press Gorsuch on campaign finance laws”
Would a Gorsuch Confirmation Be Like Putting John Finnis and Natural Law on the Supreme Court?
“If Judge Gorsuch is Really Like Justice Scalia, Then He Will Be No Fan of Voting Rights”
Josh Douglas for HuffPo.
“Beyond Corruption Symposium: New Approaches to Money in Politics”
Allie Boldt for Demos:
Today the Election Law Journal published Beyond Corruption, a peer-reviewed symposium on money in politics and the Supreme Court. The symposium was guest-edited by Professor David Schultz and contains pieces by several Demos attorneys, including… Continue reading
“Does the First Amendment Protect Trump’s Travel Ban?”
I have written this piece for Slate. It begins:
Late Friday afternoon, when few were paying attention, one of the smartest judges on the 9th U.S. Circuit Court of Appeals went out of his way to throw Donald Trump a… Continue reading
“Why Gorsuch could lead court in wrong direction”
Re-upping my CNN Opinion piece with the Gorsuch hearings beginning:
Unfortunately, this approach obscures the fact that keeping the steady course with a conservative replacement for Scalia will be bad enough across a range of topics important to many Americans,… Continue reading
“Justices Won’t Hear Menendez Appeal in Corruption Case”
AP:
—The U.S. Supreme Court on Monday declined to hear New Jersey Sen. Bob Menendez’s appeal of his corruption indictment, setting the stage for a federal trial in the fall.
The justices let stand a lower court ruling that refused… Continue reading