Category Archives: Supreme Court

Breaking: Trump DOJ Agrees with Republican Party in Supreme Court Filing That Limits on Coordinated Political Party Spending Violate the First Amendment; Court Likely to Take Case and Strike Down Statute

May 19, 2025, 1:18 pmcampaign finance, Supreme CourtRick Hasen

I have been following this NRSC case for a long time, and long predicted a cert grant. After multiple delays, starting when Biden was still president, DOJ has filed its response in the Supreme Court to the Republican Party. In… Continue reading

My New One at Slate: “Two Supreme Court Justices Invited an All-Out Assault on the Voting Rights Act. Now It’s Here.”

May 14, 2025, 1:30 pmSupreme Court, Voting Rights ActRick Hasen

I have written this piece at Slate. It begins: On Wednesday, the Voting Rights Act suffered the second shot in a brutal new one-two punch, and some worry it could lead to a knockout blow at the Supreme Court. The… Continue reading

Laycock and Hasen, Modern American Remedies (6th Edition): Excerpts on the Debate over Universal Injunctions (at Issue at Supreme Court Thursday)

May 14, 2025, 1:28 pmRemedies, Supreme CourtRick Hasen

The Sixth Edition of Laycock & Hasen, Modern American Remedies, will be published next month by Aspen publishers. In advance of the Supreme Court’s oral argument on May 15 about the propriety of universal injunctions (in the context of… Continue reading

“Rule of law is ‘endangered,’ chief justice says”

May 13, 2025, 7:16 amauthoritarian threats in US, Supreme CourtRick Hasen

Josh Gerstein for Politico: Chief Justice John Roberts described the rule of law as “endangered” and warned against “trashing the justices,” but speaking in Washington Monday he didn’t point fingers directly at President Donald Trump or his allies for publicly… Continue reading

Justice Souter, Democracy Champion, Has Passed Away

May 9, 2025, 7:52 amelection law biz, Supreme CourtRick Hasen

Justice David Souter passed away yesterday at age 85. He was nominated by a Republican president but skewing liberal in some key areas. He was smart in his questions on the bench and meticulous in his opinion-writing. I did not… Continue reading

“Reporting Gerrymanders”

April 29, 2025, 1:10 pmelection law "humor", redistricting, Supreme CourtRick Hasen

Ross Davies has written this fun article for The Green Bag. Here is the abstract: Over the past 80 years or so, maps have appeared in many (but not all) of the U.S. Supreme Court’s decisions involving gerrymanders. This… Continue reading

Supreme Court Denies Stay in Ohio Ballot Initiative Case

April 22, 2025, 11:53 amdirect democracy, referendum, Supreme CourtTravis Crum

The shadow docket order in Yost v. Brown is here. The case concerns Ohio AG Yost’s repeated refusal to certify a proposed summary of a proposed constitutional amendment. The district court concluded that the ballot initiative proponents’ First Amendment… Continue reading

“In Showdowns With the Courts, Trump Is Increasingly Combative”

April 15, 2025, 9:57 amauthoritarian threats in US, Supreme CourtRick Hasen

Adam Liptak for the NYT: The Trump administration’s compliance with court orders started with foot-dragging, moved to semantic gymnastics and has now arrived at the cusp of outright defiance. Large swaths of President Trump’s agenda have been tied up in… Continue reading

“At the Supreme Court, the Trump Agenda Is Always an ‘Emergency'”

April 11, 2025, 6:53 amSupreme CourtRick Hasen

Abbie VanSickle for the NYT: The Trump administration has in recent weeks asked the Supreme Court to allow it to end birthright citizenship, to freeze more than a billion dollars in foreign aid and to permit the deportation of… Continue reading

Sixth Circuit on 2-1 Vote Lifts Stay in Longrunning Dispute over Ohio AG’s Failure to Approve Ballot Language Summary for Petition Circulation; AG Goes to SCOTUS

April 10, 2025, 6:55 amdirect democracy, Supreme CourtRick Hasen

You can find the Sixth Circuit’s order and dissent at this link. The AG is already off to SCOTUS.

“A Reprieve for Democracy: Reading Allen v. Milligan on the Sixtieth Anniversary of the Voting Rights Act”

April 7, 2025, 9:43 amSupreme Court, Voting Rights ActRick Hasen

Deuel Ross has written this fascinating article for the Harvard Civil Rights-Civil Liberties Law Review. Here is the abstract: Voting is an act of faith. Faith that your vote will matter. Faith that your vote will make a difference.… Continue reading

The Yale Journal Has Just Published My New Feature Article: “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”

March 31, 2025, 7:38 amelection subversion risk, Supreme Court, The Voting Wars, Voting Rights ActRick Hasen

I am delighted that the Yale Law Journal has published my new Feature, The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law, 134 Yale L.J. 1673 (2025). I consider this among the most important work I’ve… Continue reading

“US Supreme Court turns away casino mogul Wynn’s bid to challenge NY Times v. Sullivan defamation rule”

March 25, 2025, 7:29 amFirst Amendment theory, Supreme CourtRick Hasen

John Kruzel for Reuters: The U.S. Supreme Court turned away on Monday a bid by casino mogul Steve Wynn to roll back defamation protections established in its landmark 1964 ruling in the case New York Times v. Sullivan – a… Continue reading

Travis Crum: Callais Oral Argument Recap

March 24, 2025, 2:52 pmSupreme Court, Voting Rights ActRick Hasen

The following is a post from Travis Crum: Here’s a recap of today’s oral argument in Louisiana v. Callais. At the outset, a short summary of what Callais is about. Callais is an old-school, 1990s-style Shaw challenge. The Callais… Continue reading