Category Archives: Supreme Court

“The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gore”

June 25, 2019, 3:50 pmBush v. Gore reflections, census litigation, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: The government’s conduct in the pending Supreme Court case about adding a citizenship question to the census has gone from indefensible to outrageous. In the case, which is likely to be… Continue reading

Breaking: 4th Circuit Remands Census Citizenship Case Raising Equal Protection Issues Not Before SCOTUS to Look at Hofeller Evidence to Show Government Discriminatory Intent; Concurring Judge Suggests New Injunction Against Including Question

June 25, 2019, 11:04 amcensus litigation, Supreme CourtRick Hasen

This order (via Lawrence Hurley) means that the district court can consider the new Hofeller evidence to determine whether it shows the government acted with racially discriminatory intent in including the citizenship question on the census. And then the case… Continue reading

DOJ Replies to Latest Plaintiffs’ Letter in SCOTUS Census Case

June 25, 2019, 10:12 amcensus litigation, Department of Justice, Supreme CourtRick Hasen

Read it here.

“In Supreme Court census case, chief justice’s priorities are colliding”

June 25, 2019, 7:38 amcensus litigation, Supreme CourtRick Hasen

Ronald Brownstein for CNN: But on cases affecting the core electoral interests of the two parties — like the decision impending this week on whether the Trump administration can add a citizenship question to the 2020 census — Roberts… Continue reading

Plaintiffs in Census Case File Another Letter at Supreme Court, Litigating to the Very End

June 24, 2019, 1:17 pmcensus litigation, Supreme CourtRick Hasen

Read it here.

Federal District Court in Maryland Will Reopen Census Case If Permitted to Do So By Appeals Court Based on Hofeller Evidence Showing Government Intent to Discriminate Against Hispanics

June 24, 2019, 6:45 amcensus litigation, Supreme CourtRick Hasen

From today’s order: This Court previously concluded that the Secretary’s articulated reason for adding a citizenship question to the 2020 Census—to improve Voting Rights Act (VRA) enforcement— was a pretext. ECF No. 154 at 108. However, the Court held that… Continue reading

As 4th Circuit Contemplates Additional Hearing on Race Discrimination in Adding Citizenship Question to Census, DOJ Files SCOTUS Brief Trying to Preempt Such Consideration

June 20, 2019, 5:27 pmcensus litigation, Supreme CourtRick Hasen

Hansi Lo Wang: NEW: The 4th Circuit has set June 24 as the deadline for Trump admin to respond to request by @MALDEF @AAAJ_AAJC to send #CitizenshipQuestion lawsuits in Maryland back to the trial court, where U.S. District Judge George… Continue reading

No Census or redistricting cases from SCOTUS today

June 20, 2019, 7:45 amcensus litigation, redistricting, Supreme CourtJustin Levitt

Rick is otherwise engaged at the moment, so I thought I’d send word: four opinions from SCOTUS this morning, but not the Census or redistricting cases. More opinions coming at 10am ET tomorrow.

“Will The Supreme Court Punt On Partisan Gerrymandering Again?”

June 18, 2019, 11:06 amredistricting, Supreme CourtRick Hasen

Amy Howe chats with the 538 crew.

Breaking: Plaintiffs in Census Case Want #SCOTUS to Send Case Back to District Court for More Factfinding if Government Lied About Reason for Citizenship Question; Thoughts on What the Court Will Do

June 12, 2019, 5:19 pmcensus litigation, Supreme CourtRick Hasen

Plaintiffs have filed this unusual motion in the Supreme Court asking for the Court to send the case back to the district court to engage in factfinding over whether government officials lied about why Secretary Ross decided to include the… Continue reading

Question of the Day

June 11, 2019, 8:52 pmcensus litigation, Supreme CourtRick Hasen

From Dale Ho, who argued the census case for plaintiffs in the Supreme Court: https://twitter.com/dale_e_ho/status/1138639775005585408

“The Supreme Court’s Next Three Weeks Could Shake Up the 2020 Election”

June 10, 2019, 6:49 amcensus litigation, redistricting, Supreme CourtRick Hasen

Greg Stohr for Bloomberg. The U.S. Supreme Court enters the homestretch of its term with looming decisions that could affect the 2020 election and thrust the court even deeper into the nation’s political wars.Between now and the end of… Continue reading

“High court could cause Va. election drama, but likely won’t”

June 8, 2019, 9:28 amSupreme CourtRick Hasen

AP reports.

RBG, in Speech to 2d Circuit Judicial Conference, Ominously Analogizes Census Case to Travel Ban Case

June 7, 2019, 12:20 pmcensus litigation, Supreme CourtRick Hasen

From the speech: “Speculators about the outcome note that last year, in Trump v. Hawaii, the Court upheld the so-called “travel ban,” in an opinion granting great deference to the Executive. Respondents in the census case have argued that a… Continue reading