Category Archives: Supreme Court

“The Real Reason Why Judges Should Keep Quiet About Elections; The restrictions remind judges to aspire to be apolitical.”

July 19, 2016, 10:01 amjudicial elections, Supreme CourtRick Hasen

Dahlia Lithwick and I have written this piece for Slate. It begins: Late last week, Supreme Court Justice Ruth Bader Ginsburg tried to put the controversy over her recent criticisms of presumptive Republican presidential nominee Donald Trump behind her, issuing… Continue reading

Read the (Proposed) WI John Doe Amicus Brief That Respondents are Afraid to Have Read by SCOTUS Justices

July 19, 2016, 8:36 amcampaign finance, conflict of interest laws, Supreme CourtRick Hasen

Here, from Center for Media and Democracy and the Brennan Center. (Background)

Bauer on Chemerinsky on RBG

July 19, 2016, 8:22 amSupreme CourtRick Hasen

Bob: In the LA Times, Chemerinsky opens with these words: Imagine that you are a person with great influence, highly respected and with a powerful voice that commands enormous attention. Imagine that you see the country heading down a potentially… Continue reading

Why Did Justice Ginsburg Speak About About Trump?

July 18, 2016, 7:36 pmSupreme CourtRick Hasen

Bob Barnes in Wapo: Ginsburg said she had made a mistake and considers the matter over. But perhaps she already had made her point to the young feminists who revere the “Notorious RBG” but, polls indicate, are not necessarily enthused… Continue reading

ELB Podcast Episode 14. Erwin Chemerinsky: Did Justice Ginsburg Cross the Line?

July 18, 2016, 4:51 pmconflict of interest laws, ELB Podcast, ethics investigations, Supreme CourtRick Hasen

Did Justice Ginsburg go too far in her comments against presumptive Republican nominee Donald Trump? Should comments like Justice Ginsburg’s be protected by the First Amendment, and would they be grounds for recusal in a future Clinton v. Trump case?… Continue reading

Supreme Court Asks for Response to Cert. Petition in WI John Doe Case, and Respondents Oppose Amicus Brief from Reform Groups

July 18, 2016, 1:42 pmcampaign finance, chicanery, Supreme CourtRick Hasen

See the latest two entries. The next to last entry means that someone at the Court thought enough of the district attorneys’ cert petition to ask for those opposing cert. to file a response. It is no guarantee of a… Continue reading

Quote of the Day: Stephen Colbert on RBG

July 15, 2016, 8:13 amelection law "humor", Supreme CourtRick Hasen

“Here’s the deal….However she feels, Supreme Court justices are not supposed to influence our presidential elections until there is a recount in Florida.” —Stephen Colbert on the Late Show

“Notorious RBG Apologists Are Picking A Dangerous Fight”

July 15, 2016, 8:10 amSupreme CourtRick Hasen

Steve Sanders writes for HuffPo.

Nina Totenberg Gets RBG on Tape: “You’ve Apologized So To Speak. Why?”

July 15, 2016, 7:38 amSupreme CourtRick Hasen

Must Listen. Asked why she felt it was time to say she was sorry about the remarks, Ginsburg said: “Because it was incautious. I said something I should not have said and I made a statement that reads, ‘On reflection,… Continue reading

Watch the Archived Video of Today’s @UCILaw #SCOTUS Term in Review Event

July 14, 2016, 7:52 pmSupreme CourtRick Hasen

Here. It was a great and stimulating conversation, including an extended discussion of the Justice Ginsburg Trump comments controversy. It featured Howard Bashman, Bob Barnes, Erwin Chemerinsky, Kaaryn Gustafson, Dahlia Lithwick, with me moderating.

Nina Totenberg Talks About RBG’s Apology

July 14, 2016, 10:15 amSupreme CourtRick Hasen

Click on the audio to the left on this story (the written story is not by Nina). My rough transcription of part: “I was very surprised [she said these things]…She made a mistake. I have to say she is the… Continue reading

“Ginsburg expresses ‘regret’ for remarks criticizing Trump”

July 14, 2016, 8:53 amcampaigns, Supreme CourtRick Hasen

Bob Barnes for WaPo: “On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them,” Ginsburg said. “Judges should avoid commenting on a candidate for public office. In the future I will be more… Continue reading

“Commentary: Ruth Bader Ginsburg’s slam of Trump does the nation no favors”

July 13, 2016, 1:45 pmSupreme Court, The Voting WarsRick Hasen

I have written this oped for Reuters Opinion. A snippet: Some observers, such as my dean, Erwin Chemerinsky, have defended Ginsburg’s right to speak her mind on political issues. Others have stated that Trump is a uniquely dangerous candidate for… Continue reading