You can find the Court’s order, along with Justice Gorsuch’s dissent, at this link. Justice Alito joined Gorsuch’s dissent; Justice Thomas noted his disagreement with the majority but did not sign the dissent. Justice Barrett again did not participate.… Continue reading
As ELB readers well know, the Pennsylvania GOP has gone back to the Supreme Court seeking to reverse a state supreme court order which extended the deadline for receipt of absentee ballots from 8 pm on Election day until 5… Continue reading
NYT:
The Supreme Court decision on Monday barring the counting of mail-in ballots in Wisconsin that arrive after Election Day was not a surprise for many Democrats, who had pressed for it but expected to lose.But a concurring opinion… Continue reading
Akhil Amar, Vik Amar, and Neal Katyal NYT oped:
Just as they did in the infamous Bush v. Gore litigation in 2000, Republican lawyers are trying to get the Supreme Court to undermine state court rulings protecting voting rights… Continue reading
PA Home Page:
After a second vote, Luzerne County Council voted 7-4 to withdraw the motion to request Justice Barrett’s recusal in the U.S. Supreme Court decision regarding the mail-in ballot extension….
Councilmen Walter Griffith and Haas spoke up saying… Continue reading
Nina Totenberg for NPR:
But as Case Western Reserve law professor Jonathan Adler observes, “as odd as it may seem, federal judges are under no obligation to recuse in cases involving a prior benefactor, and there is no precedent for… Continue reading
I have written this new piece for WaPo’s PostEverything. It begins:
Should we panic about Justice Brett M. Kavanaugh’s concurring opinion in the Wisconsin voting case that the Supreme Court decided Monday night? Does it mean that the Supreme Court… Continue reading
Here:
Against this backdrop, and in the aftermath of Justice Barrett’s nomination, a public poll reflected significant concern with her presiding over matters related to the presidential election. The poll, conducted by research firm SSRS on behalf of CNN, asked… Continue reading