Category Archives: Supreme Court

“The Supreme Court Summons the Ghosts of Bush v. Gore: How Moore v. Harper Haunts State and Federal Constitutional Interpretation of Election Laws”

October 24, 2023, 4:58 pmlegislation and legislatures, Supreme CourtRick Hasen

Scott Kafker and Simon Jacobs have posted this draft on SSRN (forthcoming, Wake Forest Law Review). Here is the abstract: There is a dangerous lack of clarity in the Supreme Court’s recent decision in Moore v. Harper, which held that… Continue reading

Breaking News: Supreme Court, Over Dissent by Justice Alito, Stays Lower Court Order in Missouri v. Biden, the Social Media “Jawboning” Case and Orders Case to Be Heard on the Merits this Term

October 20, 2023, 1:32 pmSupreme CourtRick Hasen

This term, which was also shaping up to be a monumental one on social media companies and free speech, gets even more significant in light of this order in Murthy v. Missouri. Justice Alito, for himself and Justices Gorsuch… Continue reading

ELB Podcast 5:2: The Roberts Court and American Democracy (Joan Biskupic)

October 18, 2023, 4:11 pmELB Podcast, Supreme Court, Voting Rights ActRick Hasen

New ELB Podcast: Is the Roberts Court shifting on its protection of voting rights? How has the addition of three Trump-appointed Justices changed the nature of the Supreme Court? Should we expect a new ethics code for Supreme Court Justices?… Continue reading

Watch Archived Video of My Conversation with Joan Biskupic on “The Roberts Court and American Democracy” for the Safeguarding Democracy Project

October 16, 2023, 7:35 amSupreme CourtRick Hasen

You can watch here:

“Samuel Alito Really, Really, Really Wants to Save This Racial Gerrymander in South Carolina”

October 11, 2023, 3:24 pmSupreme CourtRick Hasen

Chris Geidner really nailed it in his recap for Slate of today’s oral argument in the Alexander case (South Carolina racial gerrymandering): As Jackson explained, under the clear error standard, “A finding [from the district court] that is plausible in… Continue reading

Join Us October 12 at 12 pm PT for Free Safeguarding Democracy Project Webinar with Joan Biskupic: “The Roberts Court and American Democracy”

October 2, 2023, 10:25 amSupreme CourtRick Hasen

The event is free but registration is required. I’ll be speaking with Joan, author of the terrific new book, Nine Black Robes. Join us!

Breaking: Supreme Court Will Not Hear John Eastman Case Seeking to Wipe Out District Court Decision That He Likely Committed a Crime with Trump of Attempted Election Subversion; J. Thomas Recuses

October 2, 2023, 6:44 amelection subversion risk, Supreme CourtRick Hasen

From the order list: 22-1138 EASTMAN, JOHN C. V. THOMPSON, BENNIE G., ET AL.The petition for a writ of certiorari is denied. Justice Thomas took no part in the consideration or decision of this petition. I was glad to see,… Continue reading

“5th Circuit May Have Sidelined Supreme Court In Social Media Case”

September 29, 2023, 12:34 pmSupreme CourtRick Hasen

Law.com: Not even the federal government is exactly sure what is going on. On Wednesday evening, the U.S. Supreme Court was expected to announce its decision on whether top Biden administration officials could continue reaching out to social media platforms… Continue reading

My New One in The Atlantic: “The Supreme Court Needs to Make a Call on Trump’s Eligibility; The question of the former president’s possible disqualification needs to be resolved sooner or later. Sooner is better than later.”

September 26, 2023, 7:33 amelection subversion risk, Supreme CourtRick Hasen

I have written this piece for The Atlantic. It begins: There’s an old saying that sometimes it is more important for the law to be certain than to be right. Certainty allows people to plan their actions knowing what the… Continue reading

“Independent State Legislature Doctrine and Election Litigation After Moore v. Harper”

September 26, 2023, 7:09 amSupreme CourtRick Hasen

This looks like a great online event, Oct. 2 at AEI.

Without Noted Dissent, and As Expected, Supreme Court Denies Alabama’s Motion to Further Delay Having to Draw Second Black Majority Congressional District

September 26, 2023, 7:07 amredistricting, Supreme CourtRick Hasen

The order is here. As I explained, even if some members of the Court like Justice Kavanaugh were convinced there’s a potential constitutional argument against Section 2 down the line, the Justices were not going to countenance Alabama’s disobedience of… Continue reading

“Clarence Thomas Secretly Participated in Koch Network Donor Events”

September 22, 2023, 7:04 amSupreme CourtRick Hasen

ProPublica: On Jan. 25, 2018, dozens of private jets descended on Palm Springs International Airport. Some of the richest people in the country were arriving for the annual winter donor summit of the Koch network, the political organization founded by… Continue reading

In Reply Brief Before Expected Supreme Court Ruling, Alabama Denies It is Ignoring or Defying Supreme Court Ruling to Draw Second Majority Black Congressional District

September 21, 2023, 5:48 amredistricting, Supreme CourtRick Hasen

With this filing, we can expect a Supreme Court ruling any time. (Docket) I expect the Supreme Court to reject Alabama’s petition given (what I view) as the state’s ignoring or defying of the Supreme Court’s earlier ruling… Continue reading

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