Category Archives: Supreme Court

“Clearing the Landmines of the Roberts Court”

May 6, 2016, 1:17 pmcampaign finance, Supreme CourtRick Hasen

Ciara Torres-Spelliscy: The University of Colorado at Boulder hosted a symposium last month on “Money and the First Amendment.” The keynote was delivered by Prof. Jeffrey Rosen, whose book on Justice Louis Brandeis will be published… Continue reading

“Uncovering the Voting Rights Act: The Racial Progress Argument in Shelby County”

May 6, 2016, 9:01 amSupreme Court, Voting Rights ActRick Hasen

Derrick Darby has posted this draft on SSRN (forthcoming, Kansas Journal of Law and Public Policy). Here is the abstract: The coverage formula of the Voting Rights Act succumbs in Shelby County v. Holder due to the majority’s narrative of… Continue reading

“Options for Continued Reform of Money in Politics: Citizens United is Not the End”

May 6, 2016, 6:50 amcampaign finance, Supreme CourtRick Hasen

Nicole Gordon (of the NYC Campaign Finance Board) has posted this draft on SSRN (forthcoming, Albany Law Review).

“No Trump Effect, Yet, on Supreme Court Stalemate”

May 5, 2016, 8:39 pmSupreme CourtRick Hasen

NYT: Those pushing the stalled nomination of Judge Merrick B. Garland to the Supreme Court had hoped that Donald J. Trump’s triumph in the Republican presidential primary would lead to a breakthrough with Senate Republicans who might suddenly see Judge… Continue reading

“Chemerinsky: Should SCOTUS have turned down these election law cases?”

May 5, 2016, 1:49 pmredistricting, Supreme CourtRick Hasen

Erwin Chemerinsky in the ABA Journal: At the beginning of American history, the Supreme Court was required to hear every case brought to it. Over time, Congress modified these statutes, most recently in 1988, so that today the court has… Continue reading

“Did the Supreme Court Make the Right Decision in the Citizens United Case After All?”

May 3, 2016, 8:32 amcampaign finance, Supreme CourtRick Hasen

Michael Kinsley for Vanity Fair.

“The McDonnell Case: the ‘Messages’ to Citizens”

May 2, 2016, 8:05 ambribery, Supreme CourtRick Hasen

More Bauer on McDonnell: Zephyr Teachout has since written about the importance of the “principle” of bribery at stake in the case—the importance of “broadly” construing the “axiom that an official shouldn’t accept gifts for public duties.” She is worried… Continue reading

“A Potential Gift to Politicians, from the Justices”

May 2, 2016, 7:51 ambribery, Supreme CourtRick Hasen

Tony Mauro and Marcia Coyle for the NLJ on McDonnell.

“Scalia’s death affecting next term, too? Pace of accepted cases at Supreme Court slows.”

May 1, 2016, 6:25 pmSupreme CourtRick Hasen

Bob Barnes for WaPo: The number of cases the justices have accepted has fallen, meaning that a docket that in recent years has been smaller than what is traditional is shrinking still. The court has accepted only six cases… Continue reading

“Justices Leave Texas Voter ID Law Intact, With a Warning”

May 1, 2016, 3:03 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Adam Liptak reports for the NYT.

“Prosecutors Ask U.S. Supreme Court To Allow Investigation Of Walker To Continue”

May 1, 2016, 3:01 pmcampaign finance, chicanery, Supreme CourtRick Hasen

Wisconsin Public Radio reports.

“U.S. Supreme Court John Doe petition lays out legal questions in Scott Walker campaign finance coordination, judicial recusal”

April 29, 2016, 3:57 pmcampaign finance, chicanery, Supreme CourtRick Hasen

The Capital Times reports.

“Prosecutors: Walker campaign, conservative group ‘one and the same'”

April 29, 2016, 2:41 pmcampaigns, chicanery, Supreme CourtRick Hasen

Patrick Marley for the Milwaukee Journal-Sentinel on the John Doe cert. petition.

WI John Doe Cert. Petition Raises Substantial Questions, But #SCOTUS May Not Bite

April 29, 2016, 8:08 amcampaign finance, campaigns, judicial elections, Supreme CourtRick Hasen

I have posted a copy of the redacted petition for cert. in the John Doe Wisconsin case. Never before have I seen a cert. petition with even parts of the questions presented redacted. The redactions make it difficult to… Continue reading