Category Archives: Supreme Court

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

“This House race reflects how the Supreme Court has narrowed options for Black voters”

July 9, 2024, 9:02 amredistricting, Supreme CourtDan Tokaji

Patrick Marley of WaPo has this piece on South Carolina’s 1st CD. An excerpt: This spring, the Supreme Court signed off on district lines in South Carolina that Republican state lawmakers said they had designed to benefit their party. The… Continue reading

“Immunity Ruling Leaves Judge Facing Tough Calls on Trump’s Election Indictment”

July 9, 2024, 4:41 amelection subversion risk, Supreme CourtDan Tokaji

NYT: Judge Chutkan will have to sort through the 45-page indictment, making decisions about which of its many allegations can move forward and which will have to be tossed out. The Supreme Court has held that former presidents are… Continue reading

Eric Segall Contrasts the Speed of the Trump Disqualification Case with the Slow Walk of the Trump Immunity Case at the Supreme Court

July 8, 2024, 1:33 pmSupreme CourtRick Hasen

Eric writes: There is simply no doubt that the Court’s fast-tracking of the disqualification case way back in February combined with the slow-walking of the immunity case and its eventual holding (the last case of the term) had the… Continue reading

“Rich Bernstein: Trump v. United States is the new Roe v. Wade”

July 7, 2024, 1:49 pmauthoritarian threats in US, Supreme CourtRick Hasen

Rich Bernstein at the Society for the Rule of Law: On its face, the judicial method employed by Trump v. United States resembles Roe v. Wade in the ways that matter. Like Roe, the Trump majority explicitly relies on its views of wise policy. For example, the Trump majority… Continue reading

“Let’s apply Trump v. United States to Watergate’s facts. It’s not pretty.”

July 4, 2024, 3:47 pmchicanery, Supreme CourtRick Hasen

Ciara Torres-Spelliscy analysis.

“Big wins for Trump and sharp blows to regulations mark momentous Supreme Court term”

July 3, 2024, 7:16 amSupreme CourtRick Hasen

AP: Donald Trump and the conservative interests that helped him reshape the Supreme Court got most of what they wanted this term, from substantial help for Trump’s political and legal prospects to sharp blows against the administrative state they revile.… Continue reading

“Is Trump Now a ‘King’ Above the Law?”

July 3, 2024, 7:12 amauthoritarian threats in US, Supreme CourtRick Hasen

I spoke with Australian Broadcasting Service’s News Daily podcast. Listen.

“Architects of the Trump Supreme Court See Culmination of Conservative Push”

July 3, 2024, 6:57 amlegislation and legislatures, Supreme CourtRick Hasen

Carl Hulse NYT analysis: Back in 2016, a colleague handed Donald F. McGahn II, then a top legal adviser to the presidential candidate Donald J. Trump, an appeals court opinion that eloquently and powerfully echoed much of what Mr.… Continue reading

Must-read Adam Liptak: “In a Volatile Term, a Fractured Supreme Court Remade America” (Gift Link)

July 2, 2024, 10:29 amSupreme CourtRick Hasen

Must-read Adam Liptak NYT analysis of the just-completed Supreme Court term: Former President Donald J. Trump had a very good year at the Supreme Court. On Monday, the court ruled that he is substantially immune from prosecution on charges that… Continue reading

“Supreme Court’s Trump immunity ruling poses risk for democracy, experts say”

July 2, 2024, 7:02 amauthoritarian threats in US, election subversion risk, Supreme CourtRick Hasen

WaPo: In its immunity decision Monday, the Supreme Court emphasized the long-cherished ideal that no one in America is above the law, not even the president. The court’s dissenters and a chorus of critics said the majority had undercut that… Continue reading

“How Supreme Court Shocker Could Give Trump Truly Terrifying New Powers;” I Spoke with Greg Sargent for the Daily Blast Podcast

July 2, 2024, 6:31 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: Yesterday the Supreme Court released its shocking new ruling in the case involving Donald Trump’s demand for absolute immunity from prosecution for insurrection-related crimes. The court gave Trump much of what he wanted, notably ensuring that his trial for… Continue reading

“How Bad is the Trump Immunity Ruling?” I Spoke with the Slate “What Next?” Podcast

July 2, 2024, 6:27 amauthoritarian threats in US, Supreme CourtRick Hasen

Listen: The Supreme Court has ruled that presidents enjoy “substantial immunity” from prosecution for crimes committed while in office, which includes absolute immunity for “core constitutional duties” and “presumptive immunity” for “official acts.” All good news for one Donald J. Trump. How… Continue reading