Category Archives: Supreme Court
“Citizens United As Bad Corporate Law”
Jonathan Macey and Leo Strine have posted this draft on SSRN. Here is the abstract:
In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a… Continue reading
“Judicial Intervention as Judicial Restraint”
Guy-Uriel Charles and Luis Fuentes-Rohwer have a new piece forthcoming in the Harvard Law Review, on partisan gerrymandering and justiciability:
This paper examines the Court’s decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account… Continue reading
Garland Might Review Ethics Complaint Against Kavanaugh
The water cooler conversation around the DC Circuit these days must be fascinating.
The Democratic Coalition says it's filing an ethics complaint against #SCOTUS nominee Brett Kavanaugh re: his answers about whether he received stolen docs: https://t.co/wLKZvu5vc5 These are typically… Continue reading
“Supreme Court Rejects Appeal Over Michigan Election Law”
AP:
The U.S. Supreme Court won’t intervene in a dispute over Michigan‘s ban on straight-party voting.
The court turned down an appeal Friday, which means the ban will go into effect in the November election. Voters can’t use a… Continue reading
“Small Donors May Soon Be the Only Way to Fight Big Money”
Eliza Newlin Carney for TAP.
“Brett Kavanaugh gave a troubling answer to Sen. Kamala Harris’ question on the Voting Rights Act”
Think Progress:
Kavanaugh, for his part, tried to downplay the significance of Shelby County. “There is still, of course, Section 2 of the Voting Rights Act,” the nominee explained. That provision “allows litigation brought by plaintiffs to challenge voter restrictions… Continue reading
“Kavanaugh’s Campaign Finance Record Shows an Atrocious Disregard for Precedent”
Stephen Weissman for Slate.
In 2003, Judge Kavanaugh Called Lower Court Decision in the McCain-Feingold Case to Uphold the Rules Limiting Corporate and Union Spending in Elections Strange and Dangerous
You can find the leaked document here (via the NYT). He also correctly predicted that the case would come down the votes of CJ Rehnquist and Justice O’Connor (both in the end switched sides from their earrlier positions… Continue reading
Judge Kavanaugh’s Sloppy Illogic in the Bluman Foreign Campaign Spending Case: A Question to Ask at the Hearings
In an earlier post, and in pieces in Politico and Slate, I explained how Judge Kavanaugh’s opinion for a three-judge court in Bluman v. FEC opens a huge gaping hole in campaign finance law allowing for foreign governments, entities,… Continue reading
Kavanaugh, Foreign Agents, and American Elections
Justin here, with my own take on Kavanaugh and the election process, also cross-posted over at the Take Care blog:
In the 2016 elections, we were hacked. I don’t mean the breach of the DNC systems, serious as… Continue reading
“Brett Kavanaugh May Soon Unshackle All Rich Political Donors”
I have written this piece for Slate. It begins:
By the time President Donald Trump runs for reelection in 2020, he might be able to accept unlimited campaign contributions to support his bid, thanks to his nomination of Judge Brett… Continue reading