Category Archives: Supreme Court

Must-Read Sam Issacharoff: “Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment”

January 5, 2024, 8:21 amelection subversion risk, Supreme CourtRick Hasen

Sam, at Just Security: The moves to disqualify former President Donald Trump in Colorado and Maine will doubtless force the Supreme Court to confront the obscure Section 3 of the 14th Amendment. In his petition for certiorari, and in… Continue reading

Donald Trump’s Cert. Petition to U.S. Supreme Court in Colorado Disqualification Case Raises Serious Issues that Merit Immediate Supreme Court Review; His Political Question Argument Risks Instability

January 3, 2024, 2:41 pmballot access, Supreme CourtRick Hasen

Donald Trump’s just-filed cert. petition in the United States Supreme Court, like the earlier-filed cert. petition from the Colorado Republican Party, raises serious issues of profound national importance that merit extraordinarily expedited review by the United States Supreme Court. This… Continue reading

“Opinion: New uncertainty about the Trump disqualification question further weakens our democracy”

January 3, 2024, 7:02 amSupreme CourtRick Hasen

Austin Sarat in The Hill: Moreover, in a 2022 CNN poll, “about half of Americans, 48%,” said “they think it is at least somewhat likely that in the next few years, some elected officials will successfully overturn the results of… Continue reading

Clopton and Shaw on litigation and electoral time

December 17, 2023, 9:26 amcourt decisions, legislation and legislatures, Supreme CourtDerek Muller

New draft from Zachary Clopton (Northwestern) and Kate Shaw (Cardozo en route to Penn), forthcoming in the Wisconsin Law Review, is here, entitled Public Law Litigation and Electoral Time. Here’s the abstract: Public law litigation is often politics by… Continue reading

Manheim on electoral sandbagging

December 16, 2023, 10:07 amelection administration, Supreme CourtDerek Muller

Just published in the UC Irvine Law Review: Lisa Marshall Manheim (Washington), Electoral Sandbagging. An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.”… Continue reading

Fiss on voting rights

December 16, 2023, 10:05 amSupreme CourtDerek Muller

When I guest blog, I like to highlight some recent or forthcoming scholarship on the weekend. I’ll start here. Owen Fiss, Why We Vote, Oxford University Press (released January 2024): In Why We Vote, renowned legal scholar Owen Fiss… Continue reading

Supreme Court agrees to hear case about obstructing official proceedings, which could affect Trump prosecution

December 13, 2023, 6:52 amSupreme CourtDerek Muller

Rick H. highlighted the case back in April here and the decision of the D.C. Circuit–go check that out for background about the legal issues. Rick P. looked at recent news here. Today, the Court granted cert in Fischer … Continue reading

Galveston, TX Plaintiffs Go to SCOTUS in Effort to Overturn 5th Circuit Order Putting Voting Rights Redistricting Off for 2024

December 8, 2023, 7:30 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Application.

Justice O’Connor’s Complex Election Law Legacy

December 1, 2023, 9:57 amSupreme CourtRick Hasen

Condolences to the family of Justice Sandra Day O’Connor, who passed away after a long illness. Justice O’Connor was a trailblazer, the first woman Justice and a former state legislator. She came to her election law cases with a kind… Continue reading

No rush to decide Section 3 cases in Michigan, Colorado

November 28, 2023, 6:05 amelection administration, Supreme CourtDerek Muller

“Expedited” review of cases may be in the eye of the beholder. Appeals are pending in Section 3 cases in both Colorado and Michigan. Both states have indicated the cases ought to be resolved by the first week of January… Continue reading

Joan Biskupic: “Voting Rights Act ruling is latest attempt by Trump-nominated judges to overturn Supreme Court precedent”

November 21, 2023, 1:58 pmSupreme Court, Voting Rights ActRick Hasen

Joan Biskupic for CNN: A US appellate court decision Monday undercutting the Voting Rights Act of 1965 rejects decades of precedent and appears likely to provoke a confrontation at the US Supreme Court, where the milestone law has been increasingly under… Continue reading

Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain

November 20, 2023, 8:38 amSupreme Court, Voting Rights ActRick Hasen

Derek just blogged about this divided decision of the Eighth Circuit. It’s hard to overstate how important and detrimental this decision would be if allowed to stand: the vast majority of claims to enforce section 2 of the Voting Rights… Continue reading

Galveston Plaintiffs Go to Supreme Court to Prevent 5th Circuit From Running Out the Clock on 2024 Redistricting After Plaintiffs Won Their Case

November 17, 2023, 7:10 amredistricting, Supreme CourtRick Hasen