Category Archives: Supreme Court

Election Law & Executive Privilege

December 23, 2021, 4:23 pmelection subversion risk, Supreme CourtNed Foley

Now that Trump’s claim of executive privilege regarding January 6 is at SCOTUS, should the election law community deliberate, and weigh in at all, about the relationship between an incumbent president’s claim of confidentiality with respect to official matters and… Continue reading

“Permissible political influence or impermissible bribery? Cert. petition in Roberson v. U.S. raises that question”

December 15, 2021, 11:16 ambribery, Supreme CourtRick Hasen

Ron Collins: The case is Roberson v. United States, a case that may well find its way to the “cert. granted” side of the docket. The issues raised in the case are: Whether, in a bribery prosecution based on… Continue reading

Lessig and Equal Citizens Group Make Another Run at Supreme Court, Arguing that States Can Limit Contributions to Super PACs Without Violating the First Amendment

December 2, 2021, 9:52 amcampaign finance, Supreme CourtRick Hasen

Read the cert petition, with the following question presented: Petitioners are Alaskan citizens who challenged the Alaska Public Offices Commission’s (“APOC’s”) refusal to enforce Alaskan law regulating contributions to independent political action committees. APOC had defended its refusal on… Continue reading

Breaking: Supreme Court Agrees to Hear Dispute Over Who Gets to Argue in North Carolina Voter ID Dispute

November 24, 2021, 7:10 amSupreme Court, The Voting WarsRick Hasen

In a surprise pre-Thanksgiving order, the Supreme Court has agreed to hear Berger v. North Carolina State Conference of the NAACP, stemming from a dispute over a North Carolina voter id law. The dispute is not about the underlying… Continue reading

Supreme Court to consider whether North Carolina legislators can intervene to defend state’s voter ID law

November 24, 2021, 7:00 amlegislation and legislatures, Supreme CourtDerek Muller

The Supreme Court agreed to hear Berger v. North Carolina State Conference of the NAACP. SCOTUSblog’s page on the case is here. The NAACP challenged North Carolina’s voter identification law in federal court. Republican legislative leaders, doubtful that the… Continue reading

“Private SCOTUS files that could reveal what happened in Bush v. Gore remain locked up”

November 23, 2021, 3:43 pmBush v. Gore reflections, Supreme CourtRick Hasen

Joan Biskupic for CNN: Internal Supreme Court documents that could enhance public understanding of the Bush v. Gore election battle and other significant cases of the late 1990s and early 2000s were to be opened last year under a deal… Continue reading

ELB Book Corner: Evans and Gaddie: “The U.S. Supreme Court as a Temple to Justice”

October 21, 2021, 7:00 amSupreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Jocelyn Evans and Keith Gaddie, authors of the new book, The U.S. Supreme Court’s Democratic Spaces. Here is the final of four blog posts: Warren Harding’s 1920 “Americanism” speech… Continue reading

“A Little-Noticed Supreme Court Ruling Could Help Build A Dam Against Foreign Money In American Elections”

October 20, 2021, 7:04 amcampaign finance, Supreme CourtRick Hasen

Ciara Torres-Spelliscy for TPM: Meanwhile, a little noticed case that came out during the height of the pandemic could have a big impact on whether and how foreign corporations play in American elections. The Supreme Court in United States Agency … Continue reading

ELB Book Corner: Evans and Gaddie: “Make Temples Great Again?”

October 20, 2021, 7:00 amSupreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Jocelyn Evans and Keith Gaddie, authors of the new book, The U.S. Supreme Court’s Democratic Spaces. Here is the third of four blog posts: In the U.S. there is… Continue reading

ELB Book Corner: Evans and Gaddie: “The American Courthouse”

October 19, 2021, 7:00 amSupreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Jocelyn Evans and Keith Gaddie, authors of the new book, The U.S. Supreme Court’s Democratic Spaces. Here is the second of four blog posts: “The basic building block of… Continue reading

ELB Book Corner: Evans and Gaddie: “The Homes of the Court”

October 18, 2021, 7:00 amSupreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Jocelyn Evans and Keith Gaddie, authors of the new book, The U.S. Supreme Court’s Democratic Spaces. Here is the first of four blog posts: We write about democracy and… Continue reading

Watch Archived Video of My Panel with Dahlia Lithwick and Larry Mantle on the Supreme Court’s Upcoming Potentially Momentous Term

October 14, 2021, 7:01 amSupreme CourtRick Hasen

Great conversation:

ELB Podcast Episode 3:3: Guy Charles: Race and Election Law in Today’s United States

October 11, 2021, 3:47 pmELB Podcast, Supreme Court, Voting Rights ActRick Hasen

On Season 3, Episode 3 of the ELB Podcast: Is the Voting Rights Act effectively dead as a superstatute? Is the John Lewis Voting Rights Advancement Act the best way to protect minority voters in the United States? Are… Continue reading

Oct. 13 Virtual Event with Dahlia Lithwick and Me: “Abortion, Guns, Voting Rights and More: The 2021 US Supreme Court Docket”

October 5, 2021, 12:31 pmSupreme CourtRick Hasen

Looking forward to this event at 5 pm PT October 13 (free registration required).

Election Law Blog

The law of politics and the politics of law