Supreme Court Rejects Racial Gerrymandering Claim Out of North Dakota Redistricting
Michael Li explains:
Category Archives: Supreme Court
“How a Phone Call Drew Alito Into a Trump Loyalty Squabble”
NYT:
The circumstances were extraordinary for another reason: Justice Alito was being drawn into a highly personalized effort by some Trump aides to blackball Republicans deemed insufficiently loyal to Mr. Trump from entering the administration, according to six people with… Continue reading
Supreme Court, on 5-4 Vote, Will Not Stop Sentencing of Donald Trump Tomorrow (on Charges for Which the Judge Will Not Impose Jail Time)
Here is the order in full:
24A666 TRUMP, DONALD J. V. NEW YORK, ET AL.
The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the… Continue reading
“TikTok Case Before Supreme Court Pits National Security Against Free Speech”
NYT:
When the Supreme Court hears arguments on Friday over whether protecting national security requires TikTok to be sold or closed, the justices will be working in the shadow of three First Amendment precedents, all influenced by the climate of… Continue reading
“Roberts Calls Court’s Relationship With Congress ‘Strained.’ Who’s to Blame?”
Jimmy Hoover for the NLJ.
I offered some thoughts in this one:
Many commentators say that a similar dynamic is responsible for today’s partisan rancor in light of the Supreme Court’s now solidly 6-3 supermajority of Republican appointees.
“The Supreme… Continue reading
Biden DOJ Asks SCOTUS for Chance to Give Up Defense of Laws Limiting Political Parties from Becoming Conduits for Large Campaign Contributions; Trump DOJ Will File Instead
See this letter from the Solicitor General requesting an extension of time into the Trump Administration to file a response to the cert. petition in the NRSC case. Here is what I wrote in an earlier post on this case… Continue reading
“Chief Justice Roberts Condemns Threats to Judicial Independence”
NYT:
Judicial independence is under grave threat on several fronts, Chief Justice John G. Roberts Jr. wrote on Tuesday in an unusually urgent and somber year-end report on the state of the federal judiciary.
“Violence, intimidation and defiance directed at… Continue reading
“State Law and Federal Elections After Moore v. Harper”
Carolyn Shapiro has written this article for the NYU Law Review. Here is the abstract:
In Moore v. Harper, the Supreme Court rejected the extreme proposition that state legislatures operate free from state constitutional constraints and judicial review when they… Continue reading
“Justice Thomas Did Not Disclose Additional Trips, Democrats Say”
NYT:
Justice Clarence Thomas failed to disclose two additional trips from a billionaire patron than have previously come to light, Senate Democrats revealed on Saturday after conducting a 20-month investigation into ethics practices at the Supreme Court.
The findings were… Continue reading
As Supreme Court Sets TikTok Case for Oral Argument, Senator McConnell, Champion of First Amendment in Citizens United, Files Amicus Brief Saying Government Can Shut Down Platform to stop “deployment of subversive enemy propaganda through algorithmic curation.”
Quite the amicus brief from the purportedly free-speech Senator McConnell.
The Supreme Court set a very expedited schedule for oral argument in the TikTok case (unlike its dilatory tactics in the Trump immunity case).
TikTok Goes to Supreme Court Seeking Emergency Order to Block Law Requiring Sale/Shutdown, Citing Rejection of the Antidistortion Interest in Campaign Finance Cases
You can find the filing here (via NBC News). The relevant discussion of the antidistortion interest is on pages 25-26. See my earlier post on the parallels to the campaign finance cases.
UPDATE: Here is the docket.
“What If Free Speech Means Banning TikTok?”
Alan Rozenshtein in The Atlantic:
But in its decision, the court did something unexpected. In addition to crediting the government’s national-security arguments, it highlighted an important tension within pro-free-expression arguments: the right to access and speak on the platform of… Continue reading
Republican Party Suit to Blow Up Limits on Coordinated Spending Between Political Parties and Candidates Reaches the Supreme Court: I Expect They Will Take the Case and Further Deregulate Campaign Financing
When the en banc Sixth Circuit decided this case, I wrote: “I have been waiting for this issue to get back to the Supreme Court for a while, and this is just the vehicle that could get it there.… Continue reading
Trump and Cheseboro filings in the Georgia conspiracy case
As expected, President-elect Donald Trump has filed a motion in the Georgia Court of Appeals to dismiss the conspiracy prosecution against him in Georgia on the basis that “a sitting president is completely immune from indictment or any criminal process,… Continue reading