Category Archives: Supreme Court

“Trump is poised to bypass his legal woes thanks to judges he appointed”

July 21, 2024, 5:07 amelection subversion risk, Supreme CourtDan Tokaji

Politico: “Trump’s three Supreme Court picks formed a decisive bloc to declare presidents immune from prosecution for official conduct — freezing the charges he faces in multiple jurisdictions for trying to subvert the 2020 election and putting his New… Continue reading

“Global Perspectives on Judicial Politics and Democratic Backsliding”

July 18, 2024, 4:56 amauthoritarian threats in US, Supreme CourtDan Tokaji

A special issue of Law & Policy, edited by Michael Dichio and Igor Logvinenko. Here’s a description: This Special Issue “Global Perspectives on Judicial Politics and Democratic Backsliding” includes ten articles by fifteen scholars, providing an in-depth analysis of the… Continue reading

“The Future of Press Freedom: Democracy, Law, and the News in Changing Times”

July 17, 2024, 4:09 pmFirst Amendment theory, Supreme CourtRick Hasen

I was pleased to contribute a chapter to this project from the Knight First Amendment Institute: “The Future of Press Freedom: Democracy, Law, and the News in Changing Times,” piloted by the Institute’s 2023-2024 Senior Visiting Research Scholars RonNell Andersen … Continue reading

The Free 2024 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials (7th Edition) is Now Available

July 17, 2024, 2:17 pmpedagogy, Supreme CourtRick Hasen

You can download the free Supplement here. The Supplement is current through the Supreme Court’s October 2023 term ending July 2, 2024, and it includes edited versions of the U.S. Supreme Court’s decisions in Moore v. Harper and Trump… Continue reading

“Biden set to announce support for major Supreme Court changes”

July 17, 2024, 4:53 amconflict of interest laws, Supreme CourtDan Tokaji

Washington Post: President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people… Continue reading

Introduction to: Richard L. Hasen, “States a Bulwarks Against, or Potential Facilitators of, Election Subversion” (in new Zelizer and Greenberg book)

July 15, 2024, 10:07 amelection subversion risk, Supreme CourtRick Hasen

In a couple of weeks, NYU Press will release Our Nation at Risk: Election Integrity as a National Security Issue (Julian E. Zelizer & Karen J. Greenberg eds. NYU Press 2024). It’s an impressive and important collection that I’m glad… Continue reading

Breaking: Judge Cannon Says Appointment of Special Counsel Was Unconstitutional, Dismisses Trump Documents Case

July 15, 2024, 7:18 amDepartment of Justice, Supreme CourtDan Tokaji

NYT reports: In a stunning ruling, the judge, Aileen M. Cannon, found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation… Continue reading

Watch Archived Video of Supreme Court Term in Review Event Featuring Cary Franklin, Justin Levitt, Eugene Volokh, and Kimberly West-Faulcon (I Moderated) at Hammer Museum

July 15, 2024, 6:38 amSupreme CourtRick Hasen

This was a deep and provocative discussion, co-sponsored by the Safeguarding Democracy Project at UCLA Law. Watch.

“‘It was horrifying’: Chutkan warns against complacency about Jan. 6”

July 13, 2024, 5:50 amelection subversion risk, Supreme CourtDan Tokaji

Politico: “The effects of that day are still being felt,” [U.S. District Judge Tanya] Chutkan said before sentencing defendant Spencer Offman to 30 days in prison for breaching the building during the riot. Chutkan used Friday’s sentencing in the… Continue reading

“Trump asks judge to toss hush money conviction and dismiss case following Supreme Court immunity ruling”

July 12, 2024, 10:26 amcampaigns, Supreme CourtDan Tokaji

ABC News: Former President Donald Trump has asked a New York judge to dismiss his criminal hush money case and vacate his conviction on 34 felony counts by arguing the trial was “tainted” by evidence and testimony that the… Continue reading

Happening Today: “Year in Review: Democracy Litigation in SCOTUS and the States”

July 11, 2024, 5:30 amSupreme CourtDan Tokaji

The State Democracy Research Initiative here at University of Wisconsin Law School will be hosting its annual review of democracy litigation in the U.S. and state supreme courts, at 3:00-4:15 CT today. It features Pam Karlan, Derek Muller, Gowri Ramachandran,… Continue reading

“‘The Justices Dropped This Bomb’: Three Legal Experts on a Shocking Supreme Court Term”

July 11, 2024, 5:10 amSupreme CourtDan Tokaji

NYT has this fascinating conversation featuring Kate Shaw, Will Baude, and Steve Vladeck, on Trump v. United States, Trump v. Anderson, and other cases from the term. A highlight from Will: It’s no secret that the Supreme Court trusts… Continue reading

Multiple federal courts toss election challenges for lack of standing, citing FDA v. AHM

July 10, 2024, 6:30 amSupreme CourtDerek Muller

Last month, I highlighted the Court’s decision in FDA v. AHM and suggested that the decision could disrupt some election litigation. That prediction is coming true. Yesterday, in Citizens Project v. Colorado Springs, a federal court dismissed Voting Rights Act… Continue reading

Public Corruption and Presidential Immunity

July 9, 2024, 1:14 pmbribery, Supreme CourtDan Tokaji

WaPo: The Supreme Court decision on former president Donald Trump’s claims of presidential immunity has put new limits on future prosecutors — constraints that legal experts see as the latest and most consequential result of a long-running disagreement between… Continue reading

Election Law Blog

The law of politics and the politics of law