Category Archives: Supreme Court
“Deregulated Redistricting”
Travis Crum has posted this important draft on SSRN (forthcoming, Cornell Law Review), which synthesizes the great changes to redistricting doctrine over the last decade. Here is the abstract:
From the civil rights movement through the Obama administration, each successive… Continue reading
“GOP’s Voting Curbs Show Long Reach of 2013 Supreme Court Ruling”
Bloomberg:
Republicans across the U.S. can thank the Supreme Court and Chief Justice John Roberts as they enact the country’s most significant voting restrictions in generations.The court’s watershed 2013 Shelby County ruling created a glide path for many of… Continue reading
Originalist and Textualist Justices Should Reject Argument that First Amendment Includes Right to Anonymous Association, and Instead Apply Well-Established Exacting Scrutiny in AFP Case
Yesterday I wrote about how I understood the oral argument in AFP v. Bonta. Today I want to highlight some points raised by Justices Gorsuch, Kavanaugh, and Barrett about whether the First Amendment includes a right to anonymously associate. You… Continue reading
“Supreme Court Wary of Donor Disclosure Requirement for Charities”
Adam Liptak for the NYT:
The Supreme Court on Monday seemed skeptical of California’s demand that charities soliciting contributions in the state report the identities of their major donors.A majority of the justices appeared to agree that at least the… Continue reading
Thoughts on Today’s Oral Argument in the AFP v. Bonta Case in the U.S. Supreme Court: California Will Lose, But the Question is How It Will Lose and What the Case Will Mean for Campaign Finance Disclosure
I just listened to the oral argument in this case (listen here). You can read my tweet thread. Here is my general takeway:
California is likely to lose. It collected donor information for law enforcement purposes but allowed… Continue reading
“The Supreme Court’s Looming Dark Money Decision”
Ciara Torres-Spelliscy on AFP.
“Democrats press Supreme Court Justice Amy Coney Barrett to recuse in major First Amendment case”
USA Today:
Three Democratic lawmakers are pressing Supreme Court Justice Amy Coney Barrett to recuse herself from one of the court’s highest profile cases this term because of her ties to the conservative nonprofit that filed the appeal. A foundation… Continue reading
“The Supreme Court hears a case next week that could make Citizens United even worse”
Ian Millhiser for Vox:
The Supreme Court will hear a major case on April 26 that could fundamentally alter the Court’s approach to laws requiring political organizations to disclose their donors — a change that could make it much easier… Continue reading
Supreme Court Dismisses as Moot the Last Pending Challenge Out of Pennsylvania to 2020 Election (No Noted Dissents)
Bognet on the order list.
“The 2020 election still hovers over the Supreme Court with another pending Pennsylvania case”
Ariane de Vogue for CNN:
Five months after the presidential election and nearly 100 days into President Joe Biden‘s term, the Supreme Court is still considering whether to take up a case related to voting rights in the battleground… Continue reading
Some Thoughts on the Deliberate Mildness of Biden’s Supreme Court Commission
A discussion on Twitter with Jamal Greene.
(Note that the post below about joining the Commission is from Rick Pildes—there has been some confusion.)
“Supreme Court’s Bridgegate Ruling Casts Shadow on Federal Fraud Cases”
WSJ:
A Supreme Court decision that threw out the fraud convictions of two political aides to former New Jersey Gov. Chris Christie is rippling through other white-collar cases, possibly buttressing appeals by other defendants who say federal prosecutors have become… Continue reading
“Trump-era grievances could get second life at Supreme Court”
John Kruzel for The Hill:
The Supreme Court’s most conservative justices are signaling an interest in issues closely associated with former President Trump, from rules on social media platforms to how elections are governed. Justice Clarence Thomas this week… Continue reading