Category Archives: Supreme Court
Justice Kennedy on the Internet
HIs opinion matters, as we all know:
The question that elicited his longest answer, however, was how the internet has changed lives and civil discourse.
“We’re just beginning to understand it,” Kennedy said. “Many in the modern age confuse… Continue reading
“Can a Supreme Court Justice Denounce a Candidate?”
NYT’s Room for Debate.
I’m going to have to disagree with my boss, Erwin Chemerinsky on this one. I’m still not sure if the comments merit recusal in a Trump election related case, but I certainly don’t applaud these comments.… Continue reading
“US judge in hot water over joke about moving to New Zealand”
The New Zealand Herald reports, and in the process calls the Washington Post “America’s traditional paper of record.”
Toobin: Justice Ginsburg Would Have to Recuse in Bush v. Gore Type Scenario
Via CNN:
But electoral politics have long been off-limits for sitting judges, including justices. They are expected to refrain from telling us their opinions — in part because they are expected to be above such considerations but also because they… Continue reading
Justice Ginsburg Doubles Down on Trump Comments
in comments to CNN’s (and UCI Law’s) Joan Biskupic.
Paul Horwitz on the RBG Interviews, Journalism, and the Justice’s Judgment
Do Justice Ginsburg’s Comments on Donald Trump Require Recusal in a Clinton v. Trump Case?
That’s the argument some conservatives have been raising on Twitter, following this part of RBG’s interview with Adam Liptak:
These days, she is making no secret of what she thinks of a certain presidential candidate.
“I can’t imagine what… Continue reading
Justice Ginsburg Has “Impossible Dream” of Overturning Citizens United Before She Leaves SCOTUS
She tells NYT’s Adam Liptak:
Asked if there were cases she would like to see the court overturn before she leaves it, she named one.
“It won’t happen,” she said. “It would be an impossible dream. But I’d love to… Continue reading
Two Big Election Law Decisions Out of Texas are Pending…..And More from Other States
The federal challenge to Texas’s strict voter identification law is pending before the entire Fifth Circuit sitting en banc. The Supreme Court set a soft July 20 deadline for a decision—after that the Court has invited plaintiffs to seek immediate… Continue reading
Justice Ginsburg’s First Draft in Evenwel Said Use of Total Population, Rather Than Voters, Required and Not Just Permitted
From RBG’s must-read interview with AP’s Mark Sherman:
Ginsburg was pleased with her majority opinion in yet another case from Texas in which the court upheld the state’s decision to count everyone, and not just eligible voters, in drawing its… Continue reading
Marc Elias on Why the New SpeechNow Challenge May Be the Wrong Vehicle To Challenge Case and CU
Via Twitter.
As I suggested in response, the most straightforward way might be for a local jurisdiction to adopt contribution limits to independent expenditure committees and defend them in court.
Does the New Assault on Super PACs from Liberal “Dream Team” Have a Shot? Maybe, in this Post-Scalia World
Larry Tribe, Richard Painter, Albert Alshuler, Norm Eisen, and Anne Weissman have joined together with the Free Speech for People team of Ron Fein, John Bonifaz and others to file this complaint with the FEC seeking to attack the SpeechNow… Continue reading
Online Scalia Symposium
At the Minnesota Law Review.