“Originalism Demands Only One Answer in the Supreme Court’s Big Elections Case”
David Gans on Moore v. Harper.
Category Archives: Supreme Court
“Trump lawyers saw Justice Thomas as ‘only chance’ to stop 2020 election certification”
Politico:
Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, according to emails newly disclosed to congressional investigators.“We want to frame… Continue reading
Supreme Court Has Decided at Least 65 Emergency (Shadow Docket) Election Law Cases in Last 12 Years, Including 15 Cases in the 2020 Term; The Number Could Explode after Moore v. Harper
I wanted to highlight some numbers I put together with my co-authors at Manatt for our amicus brief in the Moore v. Harper case:
The amount of emergency election-related litigation filed in this Court is already high. In the… Continue reading
Bevy of Amicus Briefs Supporting Respondents in Moore v. Harper, the Independent State Legislature Theory Case before the Supreme Court
Among the more interesting briefs being filed include: ACLU, Evan Bernick, Bipartisan Election officials, Bipartisan election administrators, the Brennan Center, CAC, CLC et al, Democracy and Race scholars, Atiba Ellis, Former… Continue reading
My New One at Slate with Nat Bach:”The Supreme Court Is Headed for a Self-Imposed Voting Caseload Disaster”
Nat Bach and I have written this piece at Slate. It begins:
On Dec. 7, the Supreme Court will hear oral argument in Moore v. Harper, a radical case on the fate of the so-called “independent state legislature” theory… Continue reading
My Amicus Brief in Moore v. Harper Case (Independent State Legislature Theory) Filed
You can find the brief here. The Summary of Argument begins:
Petitioners’ expansive interpretation of the Elections Clause—the so-called “independent statelegislature” theory—likely will lead to a flood of new federal litigation that will further destabilize American elections and contribute… Continue reading
Conservative Luminaries (including former DC Circuit Judge Thomas Griffith) File Amicus Brief in Moore v. Harper Siding with Respondents
This is an interesting one that will get some Justices’ attention. It argues that the North Carolina Republicans are wrong even if one accepts the concurrence by Chief Justice Rehnquist in Bush v. Gore and the dissent by Chief Justice… Continue reading
“The Conservative Stalwart Challenging the Far-Right Legal Theory That Could Subvert American Democracy”
Jane Mayer in the New Yorker:
A powerful new litigant has joined one of the most momentous cases slated to be heard by the Supreme Court this term. The respondents in the case of Moore v. Harper filed a… Continue reading
Non-State Respondents File Consolidated Brief on the Merits in Moore v. Harper Case (Updated to include link to state brief)
Supreme Court Will Hear Oral Argument in Moore v. Harper (the “Independent State Legislature” theory case) on Wednesday Dec. 7
“Supreme Court declines to take up effort to secure birthright citizenship for American Samoans”
CNN:
The Supreme Court declined Monday to take up a case asking whether those born in American Samoa are entitled to birthright citizenship under the Constitution’s 14th Amendment.The court’s decision to stay out of the matter will come as… Continue reading
I Discussed the Supreme Court’s Alabama Redistricting Case (Milligan) on the We the People Podcast with Jeffrey Rosen and Jason Torchinsky
You can listen to the podcast here. Description:
Last week, the Supreme Court heard oral arguments in Merrill v. Milligan. The Court will determine whether Alabama’s 2021 redistricting plan for its seven seats in the U.S. House of Representatives… Continue reading
Baude and McConnell: “The Supreme Court Has a Perfectly Good Option in Its Most Divisive Case; In Moore v. Harper, the justices should not side with the views of either party.”
William Baude and Michael McConnell in The Atlantic:
In a constitutional republic like ours, legislatures ultimately derive their authority from the people. This authority is conveyed through written constitutions that charter the government, vest power in different branches, and… Continue reading
Supreme Court Vacates as Moot Third Circuit Decision About Counting Timely But Undated Absentee Ballots in Pennsylvania
Today’s order means the loss of a helpful precedent. Here’s how the cert. petition put the issue:
Pennsylvania requires voters to sign and date a declaration when they vote by mail. In a private lawsuit filed after a local… Continue reading