Category Archives: Supreme Court

ELB Podcast 5:5: Steve Vladeck: Trump, the Supreme Court and the Shadow Docket

January 9, 2024, 2:24 pmELB Podcast, election subversion risk, Supreme CourtRick Hasen

New ELB Podcast: What are the costs for democracy when the Supreme Court decides cases on the “shadow docket?” Is the Purcell Principle a license for states to act illegally in running elections? What is going to happen with the… Continue reading

“5 ways the Supreme Court may try to defuse its newest Trump bomb”

January 9, 2024, 7:33 amSupreme CourtRick Hasen

Josh Gerstein at Politico: After years of dodging Donald Trump-related questions, the Supreme Court is now facing the most consequential one of all: Is he an insurrectionist who is barred by the 14th Amendment from running for president? Directly… Continue reading

“The Supreme Court’s Election Dilemma”

January 7, 2024, 11:19 amelection subversion risk, Supreme CourtRick Hasen

Jeff Rosen in the WSJ Saturday Essay: (Corrected link) The Supreme Court, too, might decide that removing Trump from the ballot in some states but not others risks chaos. The dilemma facing the conservative majority is that in the past… Continue reading

I Spoke to Harry Litman on the Talking Feds Podcast About the Trump Colorado Disqualification Case at SCOTUS

January 7, 2024, 11:16 amSupreme CourtRick Hasen

You can watch here.

Watch Video of My Appearance with Anderson Cooper on CNN Discussing Supreme Court Taking Trump Disqualification Case

January 5, 2024, 5:48 pmSupreme CourtRick Hasen

You can watch the video at this link.

Watch Video of My Appearance with Ari Melber on MSNBC Discussing Supreme Court Taking Trump Disqualification Case

January 5, 2024, 5:46 pmSupreme CourtRick Hasen

You can watch at this link.

Breaking: Supreme Court Will Hear Trump’s Challenge to Disqualification in Colorado on Expedited Schedule; Oral Argument Feb. 8: What It Means

January 5, 2024, 2:10 pmSupreme CourtRick Hasen

You can find the Court’s order granting cert. and expediting the case at this link. The cert. grant and expediting of time was expected, given the national importance of this issue and in particular of removing a major candidate from… Continue reading

Must-Read Sam Issacharoff: “Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment”

January 5, 2024, 8:21 amelection subversion risk, Supreme CourtRick Hasen

Sam, at Just Security: The moves to disqualify former President Donald Trump in Colorado and Maine will doubtless force the Supreme Court to confront the obscure Section 3 of the 14th Amendment. In his petition for certiorari, and in… Continue reading

Donald Trump’s Cert. Petition to U.S. Supreme Court in Colorado Disqualification Case Raises Serious Issues that Merit Immediate Supreme Court Review; His Political Question Argument Risks Instability

January 3, 2024, 2:41 pmballot access, Supreme CourtRick Hasen

Donald Trump’s just-filed cert. petition in the United States Supreme Court, like the earlier-filed cert. petition from the Colorado Republican Party, raises serious issues of profound national importance that merit extraordinarily expedited review by the United States Supreme Court. This… Continue reading

“Opinion: New uncertainty about the Trump disqualification question further weakens our democracy”

January 3, 2024, 7:02 amSupreme CourtRick Hasen

Austin Sarat in The Hill: Moreover, in a 2022 CNN poll, “about half of Americans, 48%,” said “they think it is at least somewhat likely that in the next few years, some elected officials will successfully overturn the results of… Continue reading

Clopton and Shaw on litigation and electoral time

December 17, 2023, 9:26 amcourt decisions, legislation and legislatures, Supreme CourtDerek Muller

New draft from Zachary Clopton (Northwestern) and Kate Shaw (Cardozo en route to Penn), forthcoming in the Wisconsin Law Review, is here, entitled Public Law Litigation and Electoral Time. Here’s the abstract: Public law litigation is often politics by… Continue reading

Manheim on electoral sandbagging

December 16, 2023, 10:07 amelection administration, Supreme CourtDerek Muller

Just published in the UC Irvine Law Review: Lisa Marshall Manheim (Washington), Electoral Sandbagging. An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.”… Continue reading

Fiss on voting rights

December 16, 2023, 10:05 amSupreme CourtDerek Muller

When I guest blog, I like to highlight some recent or forthcoming scholarship on the weekend. I’ll start here. Owen Fiss, Why We Vote, Oxford University Press (released January 2024): In Why We Vote, renowned legal scholar Owen Fiss… Continue reading

Supreme Court agrees to hear case about obstructing official proceedings, which could affect Trump prosecution

December 13, 2023, 6:52 amSupreme CourtDerek Muller

Rick H. highlighted the case back in April here and the decision of the D.C. Circuit–go check that out for background about the legal issues. Rick P. looked at recent news here. Today, the Court granted cert in Fischer … Continue reading