Category Archives: Supreme Court

“Notorious” Justice Ginsburg Wears Her “Dissent Jabot” While Rome Burns

November 9, 2016, 9:58 amSupreme CourtRick Hasen

I said last night that Justice Ginsburg badly miscalculated in not resigning early in Obama’s second term to give him a chance to fill that seat with someone younger (Ginsburg is 83). The future of the Supreme Court was on… Continue reading

Don’t Count on Congress or the Supreme Court to Fix Our Problems with Voting Rights: Things Will Get Worse

November 9, 2016, 12:15 amelection administration, Supreme Court, The Voting WarsRick Hasen

I’ll have much more to say on this soon. But I just wanted to note this point, as I’ve made earlier, that control of the political branches means control of the Supreme Court. And a conservative Supreme Court will be… Continue reading

Get Ready for the Supreme Court to Strike Down the Rest of McCain-Feingold, the Soft Money Ban

November 9, 2016, 12:11 amcampaign finance, Supreme CourtRick Hasen

I just wrote about the latest Republican challenge to the McCain-Feingold soft money limits. The case is teed up to the Supreme Court: No more Justice Scalia means that Court is likely evenly divided at best on the question. So… Continue reading

What Unified Government Would Mean for Republicans, and The Country

November 8, 2016, 8:59 pmSupreme CourtRick Hasen

If, as it appears likely, we have a Republican President, Senate, House and Supreme Court, policy and law will shift sharply to the right. Putting aside what that would look like on the merits, it does give us something we… Continue reading

A President Trump Would Get 2-4 Appointments to the Supreme Court

November 8, 2016, 8:36 pmSupreme CourtRick Hasen

There’s the Scalia seat. I expect Thomas will go at some point voluntarily, as he’s indicated he might want to do so. And then, looking at longevity of the Justices, 1-2 more. The stakes are huge. I should add that… Continue reading

Republicans Appealing Soft Money Ruling to the Supreme Court

November 8, 2016, 7:56 amcampaign finance, Supreme CourtRick Hasen

WaPo reports: James Bopp Jr., the lead lawyer for the plaintiffs who sued the Federal Election Commission, said Monday that “we just believe they’re wrong, and we’re certainly appealing to the Supreme Court.” Once an appeal is filed, Bopp… Continue reading

“Justice Ginsburg fails an important test of judicial ethics”

November 8, 2016, 7:16 amSupreme CourtRick Hasen

Jonathan Adler: So, Ginsburg participated in a case in which she repeatedly disparaged one of the parties and expressed a strong preference for that party’s defeat in the very election that was the subject of the case. This was unethical… Continue reading

Breaking: Three-Judge Court Rejects Challenge to McCain-Feingold Soft Money Issues, Teeing Up Issue for (New) Supreme Court

November 7, 2016, 3:29 pmcampaign finance, Supreme CourtRick Hasen

Back in August I wrote at NLJ about Republicans’ third attempt to overturn McCain-Feingold’s limits on how much political parties can raise from donors for election related advertising and other things. I wrote that if the Republicans would be successful… Continue reading

SCOTUS, Without Asking for Response from Republicans, Rejects Attempt to Revive Trump Voter Intimidation Decree; J. Ginsburg Weighs In {Corrected]

November 7, 2016, 11:47 amelection administration, Supreme Court, The Voting WarsRick Hasen

Chris Geidner: On Monday afternoon, the Supreme Court denied Democrats’ request to reinstate a trial court order barring the presidential campaigns and others from several activities views by the lower court as voter intimidation tactics. A federal appeals court had… Continue reading

“The Supreme Court and Voter Suppression”

November 7, 2016, 9:31 amSupreme Court, The Voting Wars, Voting Rights ActRick Hasen

Andrew Cohen: I wonder what goes through the mind of U.S. Supreme Court Chief Justice John Roberts these frantic days as he reads one account after another of voter suppression in the 2016 election. Does he regret his decisive… Continue reading

“A supremely important choice: The court hangs in the balance, for Democrats, too”

November 7, 2016, 8:33 amSupreme CourtRick Hasen

I have written this oped for the NY Daily News. It begins: For the last few months, Democrats have been criticizing Senate Republicans for failing to even hold a hearing for Judge Merrick Garland, whom President Obama has nominated… Continue reading

WWGD (What Will Ginsburg Do) in OH Trump Voter Intimidation Lawsuit?

November 6, 2016, 8:23 pmSupreme CourtRick Hasen

With the Democrats having filed what is the closest we are likely to get to a Clinton v. Trump case before the Court (that’s because I don’t expect the election to go into overtime), I’m wondering the following: Suppose you… Continue reading

Democrats Seek SCOTUS Relief on Trump Voter Intimidation Ruling in Ohio

November 6, 2016, 7:21 pmelection administration, Supreme Court, The Voting WarsRick Hasen

I noted earlier that a Sixth Circuit panel, cutting some important corners, reversed a trial court order barring the Trump campaign and others from acts of voter intimidation and other activity in Ohio. The Democrats have now filed this application… Continue reading

Huefner: “The Perils of Allowing Absentee Ballot Harvesting”

November 4, 2016, 7:36 pmabsentee ballots, election administration, Supreme Court, The Voting WarsRick Hasen

Steve Huefner: Indeed, earlier this year the American Law Institute approved a set of principles (which can be found here) for conducting early and absentee voting, one of which is akin to Arizona’s anti-harvesting law. (I serve as the… Continue reading