Category Archives: Supreme Court

Weiser & Wolf: “Responding to Trump’s Moore/Independent State Legislature Theory Claim in Trump v. Anderson”

January 31, 2024, 11:01 amballot access, election subversion risk, Supreme CourtRick Hasen

The following is a guest post from Wendy Weiser and Tom Wolf of the Brennan Center: At the end of his merits brief in Trump v. Anderson, Trump argues that the Colorado Supreme Court violated the federal Electors Clause when… Continue reading

“A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case”

January 31, 2024, 10:48 amballot access, Supreme CourtRick Hasen

Thoughtful Marty Lederman blog post, responding in part (and disagreeing with) the argument raised in the amicus brief I filed with Ned Foley and Ben Ginsberg in the case.

I Spoke with Chuck Todd on the Trump Disqualification Case, Why We Need a Right to Vote in the Constitution, and More

January 31, 2024, 7:43 amReal Right to Vote, Supreme CourtRick Hasen

Listen to the Chuck Toddcast episode at this link.

My New One at Slate: “Trump’s Lawyers Made Some Very Odd Strategic Choices in the Supreme Court Ballot Case”

January 29, 2024, 7:29 amSupreme CourtRick Hasen

I have written this piece for Slate. it begins: When the Supreme Court hears oral argument on Feb. 8 over Colorado’s decision to disqualify Donald Trump from appearing on the 2024 ballot on grounds that he engaged in insurrection and… Continue reading

Challengers File Brief on the Merits at Supreme Court in Trump Disqualification Case

January 26, 2024, 11:02 amSupreme CourtRick Hasen

You can find the brief here, which is very well done. I’ll have more to say about the briefing in a piece posting Monday.

“As Supreme Court weighs Trump’s eligibility, the ‘10th justice’ stays mum”

January 24, 2024, 5:46 pmSupreme CourtRick Hasen

Politico: As the Supreme Court prepares to hold arguments next month on Donald Trump’s eligibility to run for president, there’s one viewpoint it hasn’t heard: the Biden administration’s. In most high-stakes cases with serious implications for the federal government, the… Continue reading

“‘Officer of the United States’ in Context”

January 23, 2024, 10:19 amSupreme CourtRick Hasen

Smart Sam Bray at Volokh, which leaves me wondering why Trump’s lawyers devoted so much time and prime brief real estate to this argument: I have not been deep in the weeds of the arguments about Section 3 of the… Continue reading

Supreme Court Won’t Interfere in Michigan Case Finding that Its Independent Redistricting Commission Likely Engaged in Racial Gerrymanders in Drawing Legislative District Lines Around Detroit

January 22, 2024, 1:04 pmredistricting, Supreme CourtRick Hasen

Via Chris Geidner: And, this application out of Michigan — https://t.co/hS5GNOOWmm — was denied. There were no noted dissents. pic.twitter.com/MvOHHSgYq2— Chris “Law Dork” Geidner (@chrisgeidner) January 22, 2024 Here‘s the docket for the case. The Commission has… Continue reading

Trump Abandons Key Argument He Raised in His Cert Petition That the Question of Disqualification is a Nonjusticiable Political Question Reserved for Congress–Likely for a Political Reason

January 19, 2024, 5:42 amSupreme CourtRick Hasen

In his cert. petition in the disqualification case, Donald Trump argued: “Congress—not a state court—is the proper body to resolve questions concerning a presidential candidate’s eligibility….There is no similar commitment of questions concerning presidential eligibility tostate courts, particularly in the… Continue reading

“McConnell, Republican lawmakers sign Supreme Court brief that supports Trump remaining on 2024 ballot”

January 18, 2024, 1:38 pmelection subversion risk, Supreme CourtRick Hasen

WaPo: Nearly 180 congressional Republicans signed onto an amicus brief to the U.S. Supreme Court in support of Donald Trump’s legal battle to remain on the primary election ballot in Colorado. The long list of signatories to the brief includes… Continue reading

“The ‘Sleeping Giant’ Case that Could Upend Jack Smith’s Prosecution of Trump”

January 18, 2024, 1:22 pmelection subversion risk, Supreme CourtRick Hasen

Kimberly Wehle in Politico: There’s been a lot of attention paid to the Supreme Court’s upcoming decision on Donald Trump’s claim of immunity from prosecution for actions taken while president, a judgment that will have big implications for the 2024… Continue reading

Ned Foley-Ben Ginsberg-Rick Hasen Amicus Brief Warns SCOTUS of Political Instability, Potential Violence, and Voter Disenfranchisement If It Avoids Deciding Merits in Trump Disqualification Case

January 18, 2024, 11:30 ampolitical polarization, Supreme CourtRick Hasen

Thanks to the excellent work of Michael Kimberly and Charles Seidell of the McDermott Firm, Ned Foley, Ben Ginsberg and I have filed this amicus brief supporting neither party in the Trump disqualification case at the Supreme Court. Below is… Continue reading

“Historians Council on the Constitution”

January 17, 2024, 7:32 amSupreme CourtRick Hasen

Smart idea and very impressive lineup of historians: In recent years, the U.S. Supreme Court has repeatedly relied on history to decide major questions of constitutional law. But the Court’s historical accounts are often deeply flawed, departing significantly from historians’… Continue reading

My New Piece in the NY Times: “The U.S. Lacks What Every Democracy Needs”

January 16, 2024, 7:58 amReal Right to Vote, Supreme Court, voting, Voting Rights ActRick Hasen

I have written this guest essay (free gift link) for the NY Times (adapted from my upcoming book, A Real Right to Vote). It begins: The history of voting in the United States shows the high costs of living… Continue reading

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