Category Archives: Supreme Court

“Introducing the 2020 Election Litigation Tracker”

September 14, 2020, 6:12 pmSupreme CourtRick Hasen

Exciting announcement: Twenty years ago this fall, a hotly contested presidential election led to 36 days of legal turmoil that culminated with the Supreme Court’s ruling in Bush v. Gore. This year, as America prepares to vote during the… Continue reading

Breaking: Justice Kagan Denies Another Supreme Court Petition to Put Green Party on the Ballot in Montana

September 14, 2020, 4:02 pmballot access, Supreme CourtRick Hasen

The case is Davis v. Stapleton. Justice Kagan did not ask for a response on this one. This is the second Green Party case from Montana denied by Justice Kagan.

Chemerinsky in ABA Journal on the Purcell Principle Applied in SCOTUS Covid-Related Election Cases

September 4, 2020, 7:18 amelection administration, Supreme CourtRick Hasen

Read it here.

“‘Cases and Controversies’ Podcast: The 2020 Election”

August 28, 2020, 5:33 pmElection Meltdown, Supreme CourtRick Hasen

I spoke with Bloomberg Law’s Kimberly Robinson and Jordan Rubin: Challenges to election laws have poured into the Supreme Court and more are likely as the 2020 campaign season really heats up after Labor Day.Election law expert Rick Hasen,… Continue reading

Joan Biskupic: “Trump revives Bush v. Gore in his crusade against mail-in voting”

August 24, 2020, 10:17 amBush v. Gore reflections, Supreme Court, The Voting WarsRick Hasen

Reporting at CNN.

Supreme Court, Over 3 Noted Dissents, Won’t Overturn Rhode Island Consent Decree Easing Absentee Ballot Requirements During the Pandemic

August 13, 2020, 9:32 amabsentee ballots, Supreme CourtRick Hasen

Rhode Island loosened its witness and notary requirements for voting by mail as part of a consent decree in response to a lawsuit against the requirements during the pandemic. The RNC objected. Today the Supreme Court, over the dissents of… Continue reading

Republican National Committee Goes to Supreme Court to Try to Overturn Consent Decree Making It Easier to Vote by Mail in Rhode Island During Pandemic

August 10, 2020, 2:28 pmabsentee ballots, election administration, Supreme Court, The Voting WarsRick Hasen

Expect quick action in this case given the upcoming deadlines.

“The 2020 Electoral End Game — Finding a Peaceful Transition of Power in a Political Question World”

August 10, 2020, 7:42 amElection Meltdown, Supreme CourtRick Hasen

Ross Martin has posted this draft on SSRN. Here is the abstract: The playing field for 2020 election disputes is not level because the incumbent-candidate is already in office. The incumbent-candidate is already asserting election irregularities that could leave the… Continue reading

“Supreme Court Signals Federal Judiciary Won’t Mediate Fights Over Voting and Virus; High court’s conservative majority sees scant constitutional authority to weigh in on state elections”

August 2, 2020, 8:24 pmSupreme CourtRick Hasen

Jess Bravin for the WSJ: If the coronavirus is pitting nervous voters against state election officials, don’t expect the federal courts to solve their problem.That is the message from a string of Supreme Court orders since April, which saw the… Continue reading

“The Supreme Court’s Pro-Partisanship Turn”

July 27, 2020, 7:29 amSupreme Court, Voting Rights ActRick Hasen

The Georgetown Law Journal Online has published the final version of my article, The Supreme Court’s Pro-Partisanship Turn. Here is the abstract: The United States Supreme Court’s conservative majority has taken the Court’s election jurisprudence on a pro-partisanship turn, which… Continue reading

“As Concerns About Voting Build, The Supreme Court Refuses To Step In”

July 25, 2020, 1:21 pmSupreme Court, The Voting WarsRick Hasen

Emmet Witkovsky-Eldred and Nina Totenberg for NPR: Voting rights advocates are batting 0-4 at the U.S. Supreme Court so far this year. A record number of election-related lawsuits are piling up in courts around the country as concerns mount… Continue reading

Watch Archived Video of Meaty and Interesting July 23 Conversation: 10th Annual UCI Law Supreme Court Term in Review

July 24, 2020, 7:44 amSupreme CourtRick Hasen

Watch here: This lively discussion reviewed the Supreme Court’s key cases decided in the October 2019 term, drawing a large audience for the virtual presentation, recorded via Zoom. Moderated by Chancellor’s Professor of Law and Political Science Richard Hasen… Continue reading

Michigan COVID Initiative Case Ends with a Whimper, Withdrawn at SCOTUS, Dismissed Below

July 23, 2020, 8:51 pmdirect democracy, Supreme CourtRick Hasen

Michigan withdraws its request for emergency relief at the Supreme Court after plaintiffs dismiss their case with prejudice. Why? It appears that the plaintiffs inadvertently misrepresented how much signature gathering they had been able to do.

Big (Quixotic?) Push to Get Supreme Court to Hold that Congress Has the Constitutional Power to Outlaw Super PACs

July 22, 2020, 9:34 pmcampaign finance, Plutocrats United, Supreme CourtRick Hasen

The cert petition in Lieu v. FEC is designed to get the Supreme Court to address an issue addressed by the D.C. Circuit in the earlier SpeechNow case but never addressed by the Supreme Court: is it constitutional for Congress… Continue reading

Election Law Blog

The law of politics and the politics of law