Category Archives: Supreme Court

Jack Rakove: Justice Ginsburg Got It Right (on the Meaning of “Legislature”)

October 22, 2020, 8:19 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from historian Jack Rakove of Stanford: As Rick Pildes (my fellow Cubs fan and Evanston IL high school grad) noted the other day, the Supreme Court’s recent ruling in the Pennsylvania voting case leaves… Continue reading

Today’s Must Read: Adam Serwer: “Pack the Court, Save the Vote; The Supreme Court’s conservative majority appears poised to entrench minoritarian rule without the consent of the electorate.”

October 22, 2020, 8:05 amSupreme CourtRick Hasen

This is the best article with deep historical context connecting the debate over the size of the Supreme Court with the Supreme Court’s increasing tolerance for measures making it harder for people to register and vote. Read it.

Breaking: Supreme Court in Unsigned Order on 5-3 Vote Reinstates Alabama Ban on Curbside Voting; Justice Sotomayor Writes Dissent for Three Liberal Justices; What It Means

October 21, 2020, 6:15 pmSupreme CourtRick Hasen

You can find the order and dissent here. I am not at all surprised by this ruling, even though I agree 100% with Justice Sotomayor’s disssent. If you look at the two main statements of the Court in these… Continue reading

Ariane de Vogue for CNN on the Purcell Principle: “The legal doctrine that could sway the election”

October 21, 2020, 1:08 pmSupreme CourtRick Hasen

Ariane de Vogue for CNN: As emergency petitions concerning voting rights challenges have raced through the courts in the final weeks of the election, judges and justices have found themselves trying to explain a legal doctrine that was designed to… Continue reading

“John Roberts sides with the liberals on mail-in voting but things may change once Barrett arrives”

October 20, 2020, 8:25 pmSupreme CourtRick Hasen

Joan Biskupic for CNN.

Watch Video of My Appearing on CNN’s John King Talking About the Supreme Court Ruling in the Pennsylvania Voting Case

October 20, 2020, 12:26 pmSupreme CourtRick Hasen

Watch here:

“The scary part of the Supreme Court ruling on Pennsylvania’s mail-in ballots”

October 20, 2020, 6:49 amabsentee ballots, Supreme CourtRick Hasen

New Josh Douglas at CNN.

Video of My Appearance Yesterday on AC360/CNN Talking About Supreme Court’s Pennsylvania Voting Ruling

October 20, 2020, 6:30 amSupreme CourtRick Hasen

You can watch here:

“In a 4-4 Split, the Supreme Court Lets Pennsylvania Make Voting Easier—For Now; The decision signals that Amy Coney Barrett will cast the deciding vote in any upcoming election disputes.”

October 19, 2020, 5:11 pmElection Meltdown, Supreme Court, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: After a very long delay in an emergency election case, the shorthanded United States Supreme Court came to a 4-4 tie in an election law case out of Pennsylvania on Monday… Continue reading

“Justice Kavanaugh Unlocked Ways to Fight Foreign Interference”

October 19, 2020, 8:00 amcampaign finance, Supreme CourtRick Hasen

Ellen Weintraub NYT oped: Among many other recent developments not likely on anyone’s 2020 bingo card, a Supreme Court decision about foreign aid and legalized prostitution has shattered perceived constraints on the authority of the United States to robustly… Continue reading

Retired Judge Michael Luttig, in WaPo Oped, Suggests Judge Barrett, If Confirmed Would Likely Have to Recuse (under the Caperton Case) in Any Supreme Court Election Litigation

October 18, 2020, 12:13 pmSupreme CourtRick Hasen

Judge Luttig: The majority declined to grapple with Roberts’s prescient question whether there is a principled difference between a case where a person has financially influenced a judge and one where the biasing influence is nonfinancial. But the majority’s evident… Continue reading

“Federal Appeals Courts Emerge as Crucial for Trump in Voting Cases”

October 17, 2020, 1:19 pmSupreme Court, The Voting WarsRick Hasen

NYT: The Texas case is one of at least eight major election disputes around the country in which Federal District Court judges sided with civil rights groups and Democrats in voting cases only to be stayed by the federal appeals… Continue reading

“Supreme Court is about to have 3 Bush v. Gore alumni sitting on the bench”

October 17, 2020, 1:14 pmBush v. Gore reflections, Supreme CourtRick Hasen

Joan Biskupic for CNN.

“Barrett Won’t Pull Away From Trump’s Coattails”

October 17, 2020, 1:04 pmSupreme CourtRick Hasen

Jost on Justice: The recusal issue was one of at least five lines of questions from Democrats that gave Barrett easy options to pull herself away from Trump’s coattails. But she begged off on each one, by hiding behind the… Continue reading