Category Archives: Supreme Court
“The Supreme Court’s Next Big Fight Over Money in Politics: Will the justices gut the rest of McCain-Feingold — and make it easier for wealthy donors to influence elections?”
I have written this piece for The Atlantic. It begins:
At some point next year, the U.S. Supreme Court is likely to face a major First Amendment question: whether to overturn what remains of the 2002 McCain-Feingold Act. This measure… Continue reading
“Clearing the Landmines of the Roberts Court”
Ciara Torres-Spelliscy:
The University of Colorado at Boulder hosted a symposium last month on “Money and the First Amendment.” The keynote was delivered by Prof. Jeffrey Rosen, whose book on Justice Louis Brandeis will be published… Continue reading
“Uncovering the Voting Rights Act: The Racial Progress Argument in Shelby County”
Derrick Darby has posted this draft on SSRN (forthcoming, Kansas Journal of Law and Public Policy). Here is the abstract:
The coverage formula of the Voting Rights Act succumbs in Shelby County v. Holder due to the majority’s narrative of… Continue reading
“Options for Continued Reform of Money in Politics: Citizens United is Not the End”
Nicole Gordon (of the NYC Campaign Finance Board) has posted this draft on SSRN (forthcoming, Albany Law Review).
“No Trump Effect, Yet, on Supreme Court Stalemate”
NYT:
Those pushing the stalled nomination of Judge Merrick B. Garland to the Supreme Court had hoped that Donald J. Trump’s triumph in the Republican presidential primary would lead to a breakthrough with Senate Republicans who might suddenly see Judge… Continue reading
“Chemerinsky: Should SCOTUS have turned down these election law cases?”
Erwin Chemerinsky in the ABA Journal:
At the beginning of American history, the Supreme Court was required to hear every case brought to it. Over time, Congress modified these statutes, most recently in 1988, so that today the court has… Continue reading
“Did the Supreme Court Make the Right Decision in the Citizens United Case After All?”
Michael Kinsley for Vanity Fair.
“The McDonnell Case: the ‘Messages’ to Citizens”
More Bauer on McDonnell:
Zephyr Teachout has since written about the importance of the “principle” of bribery at stake in the case—the importance of “broadly” construing the “axiom that an official shouldn’t accept gifts for public duties.” She is worried… Continue reading
“A Potential Gift to Politicians, from the Justices”
Tony Mauro and Marcia Coyle for the NLJ on McDonnell.
“Scalia’s death affecting next term, too? Pace of accepted cases at Supreme Court slows.”
Bob Barnes for WaPo:
The number of cases the justices have accepted has fallen, meaning that a docket that in recent years has been smaller than what is traditional is shrinking still.
The court has accepted only six cases… Continue reading
“Justices Leave Texas Voter ID Law Intact, With a Warning”
Adam Liptak reports for the NYT.