Category Archives: Supreme Court
“The grim fate of the Voting Rights Act in the hands of the Supreme Court”
Nick Stephanopoulos WaPo oped:
Will anything be left of the Voting Rights Act after the Supreme Court finishes with it? It’s looking pretty grim. In 2013, the Supreme Court dismantled the part of the law that required states… Continue reading
“The Supreme Court may completely hollow out the Voting Rights Act by 2024”
Joan Biskupic CNN analysis.
Breaking and Analysis: Supreme Court on 5-4 Vote Stays District Court Order Requiring Alabama to Draw Second Black Majority District, and the Signs for the Voting Rights Act are Ominous
The Supreme Court issued a stay in the Alabama congressional Voting Rights Act case I wrote about last week and set the case (actually two related cases) for argument. This is bad news in the short run and likely worse… Continue reading
Could North Carolina Go to the Supreme Court, Arguing that the North Carolina Supreme Court in Requiring Redrawing of Congressional Districts Usurped North Carolina General Assembly’s Power?
From my tweet thread:
Maybe this is crazy, but I could see Republicans appealing to SCOTUS, arguing that the state court ruling usurped the power of the state legislature to set the rules for congressional elections in Art. 1… Continue reading
Alabama, in Its Stay Application Before the Supreme Court, Asks the Conservative Court to Cut Back the Scope of Voting Rights Act in Redistricting Cases, With Potentially Major Voting Rights Implications
I have now had a chance to review Alabama’s request for stays in 2 related cases (21A375 and 21A376). This post is going to get wonky and technical, so let me begin with the bottom line: if and… Continue reading
Breaking: Alabama Seeks Supreme Court Order Blocking Requirement for State to Create Second Black Majority Congressional District, Queueing Up First Major Test of Voting Rights Act in New Decade of Redistricting
You can find the application at this link. The Supreme Court is likely to first grant a brief administrative stay while it decides what to do on the stay application. It would not be surprising to see the Court set… Continue reading
Justice Breyer’s Most Significant Election Law Opinion
With Justice Stephen Breyer’s upcoming retirement from the Supreme Court, it seems appropriate to offer some words about his legacy in the area of election law. Here is an initial post, and I suspect other ELB contributors will weigh in.… Continue reading
“Supreme Court Seems Ready to Back Ted Cruz in Campaign Finance Case”
Adam Liptak for the NYT:
The Supreme Court seemed ready on Wednesday to side with a challenge to a federal campaign finance law brought by Senator Ted Cruz, Republican of Texas, in what would be the latest in a… Continue reading
“Convicted former top KY Democrat makes a case for U.S. Supreme Court consideration”
Kentucky.com:
A month after he reported to prison, prominent Kentucky businessman and former Kentucky Democratic Party chief Jerry Lundergan has asked the U.S. Supreme Court to consider overturning his conviction for illegally funneling $200,000 to his daughter’s political… Continue reading
A Worrisome Run to Get the Supreme Court to Overturn the Ban on Corporate Campaign Contributions to Candidates, This One from a Leading Supreme Court Litigator Involving the Father of a Former Ky Democratic Secretary of State
The Supreme Court upheld the constitutionality of the ban on corporate contribution limits in the 2003 case, FEC v. Beaumont. And in Buckley v. Valeo, the Supreme Court noted that there is still a risk of corruption when contributions are… Continue reading
Election Law & Executive Privilege
Now that Trump’s claim of executive privilege regarding January 6 is at SCOTUS, should the election law community deliberate, and weigh in at all, about the relationship between an incumbent president’s claim of confidentiality with respect to official matters and… Continue reading
“Permissible political influence or impermissible bribery? Cert. petition in Roberson v. U.S. raises that question”
Ron Collins:
The case is Roberson v. United States, a case that may well find its way to the “cert. granted” side of the docket. The issues raised in the case are:
Whether, in a bribery prosecution based on… Continue reading
Lessig and Equal Citizens Group Make Another Run at Supreme Court, Arguing that States Can Limit Contributions to Super PACs Without Violating the First Amendment
Read the cert petition, with the following question presented:
Petitioners are Alaskan citizens who challenged the Alaska Public Offices Commission’s (“APOC’s”) refusal to enforce Alaskan law regulating contributions to independent political action committees. APOC had defended its refusal on… Continue reading