“Short-Term SCOTUS Win for Democrats, Long Term Worry”
I spoke to Bloomberg Radio’s June Grasso about the independent state legislature theory and SCOTUS.
Category Archives: Supreme Court
Wisconsin Republican Members of Congress File Emergency Supreme Court Petition to Block New Wisconsin Congressional Districts Ordered by State Supreme Court (Link to Petition)
The petition raises due process and one person, one vote arguments, so different than other recent challenges to congressional districting done by state supreme courts and challenged at SCOTUS.
My New One in Slate Tied to Release of “Cheap Speech:” “How Supreme Court Radicalism Could Threaten Democracy Itself”
In connection with today’s release of my Cheap Speech book, and following up on my NY Times opinion piece yesterday. I have written this piece for Slate. It begins:
In the last six years, confidence in our fragile… Continue reading
Today’s Supreme Court Order Upholding the North Carolina Supreme Court’s Ungerrymandering of the State’s Congressional Districts, Could Well Be Temporary and Points to Big, Bad Election Law Precedent Potentially Coming Down the Line
Rick Pildes already flagged today’s Supreme Court order in the North Carolina partisan gerrymandering case. And I agree with his bottom line conclusion that the Court is almost certain to take this case, when it comes up in the regular… Continue reading
My New One in the NY Times: “How to Keep the Rising Tide of Fake News From Drowning Our Democracy”
I have written this guest essay for the NY Times, tied to the release of my Cheap Speech book tomorrow. It begins:
The same information revolution that brought us Netflix, podcasts and the knowledge of the world in our smartphone-gripping… Continue reading
Read Wisconsin’s Emergency Supreme Court Petition Seeking to Overturn Redistricting Maps Approved by State Supreme Court
The claim in this petition relates to the Voting Rights Act and racial gerrymandering claims.
“Wisconsin Republicans to appeal redistricting case to U.S. Supreme Court”
Milwaukee Journal Sentinel:
A day after losing before Wisconsin’s high court, Republicans detailed plans Friday to take their redistricting fight to the U.S. Supreme Court. Republicans asked the Wisconsin Supreme Court on Friday to block the ruling it issued … Continue reading
“Republicans Want Courts Out of Election Cases”
Jost on Justice:
When the Supreme Court closed federal courthouse doors to partisan gerrymandering cases three years ago, Chief Justice Roberts stressed in Rucho v. Common Cause (2019) that states still had the authority to devise remedies for politically… Continue reading
More Critiques of Strong Version of Independent State Legislature Theory (Josh Douglas, Ian Millhiser, Brennan Center), as NC and PA Cases Pend Before SCOTUS
Josh Douglas for Washington Monthly
Ian Millhiser for Vox
Ethan Herenstein and Thomas Wolf for the Brennan Center
And now some opposition briefs in the PA case (via All About Redistrictin)
Chapman (Acting Sec. of the Commonwealth)… Continue reading
Three Briefs Filed at Supreme Court in Opposition to NC Partisan Gerrymandering Case
“The Independent State Legislature Claim, Textualism, and State Law”
Carolyn Shapiro has posted this draft on SSRN. Here is the abstract:
During the litigation surrounding the 2020 election, the independent state legislature claim (“ISLC”) , emerged as a potentially crucial factor in the presidential election. The ISLC rests on… Continue reading
“As maps fall, GOP tries to neutralize state supreme courts”
AP:
Repeatedly stymied by local courts in their efforts to draw maps that make it easier for their party to win elections, Republicans are trying to neutralize the ability of state supreme courts to interfere in the politically-charged redistricting… Continue reading
My New One at Slate on North Carolina’s Attempt to Get the Supreme Court to Allow It to Return to Partisan Gerrymandering of Congressional Districts
I have written this piece for Slate. It begins:
In a late Friday afternoon filing as war raged in Ukraine and as President Joe Biden announced Judge Ketanji Brown Jackson as his nominee to replace Justice Stephen Breyer on the… Continue reading
Amar and Amar: “Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish”
Can’t wait to read this article by Vik Amar and Akhil Amar, forthcoming in the Supreme Court Review. Here is the abstract:
The Court’s rulings in Bush v. Gore were disgraceful, and efforts two decades later to rehabilitate and recycle… Continue reading