Category Archives: Supreme Court
Maine Supreme Court Rejects Voter Referendum to Reverse Use of Ranked Choice Voting for President in Maine; to SCOTUS Next?
The decision is here, and it presents a federal constitutional question about the qualifications of ballot circulators. At least in theory, this could be appealed to the Supreme Court.
“Supreme Court expected to forge ahead with eight justices after Ginsburg’s death”
Todd Ruger for Roll Call.
“How the Supreme Court Could Affect Voting Rules on Election Day”
NYT:
A Texas lawsuit over the mailing of absentee ballots to everyone over 65 but no one else. A Nevada case on whether to count mail ballots that lack postmarks. A Florida lawsuit over the right of former felons to… Continue reading
Trump Campaign Appears Ready to Petition SCOTUS on Pennsylvania Supreme Court Postmark Ruling in First Post-RBG Election Case
This development reported by Democratic lawyer Marc Elias is in line with my theory that PA is one of the two states to watch in terms of pre- and post-election litigation by the Trump campaign.
Here’s how the Philly… Continue reading
“Can Congress Salvage RBG’s Voting Rights Legacy?”
I have written this piece for Slate. It begins:
Justice Ruth Bader Ginsburg was an unparalleled champion of voting rights. One of her most famous dissents in a voting case came in Shelby County v. Holder, the 2013 Supreme… Continue reading
The Chances of a 4-4 Supreme Court Split on Election Issues is Not a Reason to Rush a Supreme Court Confirmation; It’s a Reason to Wait to Confirm a Justice
Within minutes of the announcement of Justice Ginsburg’s death, we started seeing the argument advanced that a Supreme Court confirmation needs to be rushed so that a Justice is in place before the election, so as to break a potential… Continue reading
“Democrats See a Glimmer of Hope Over Supreme Court Fight in Arizona’s Senate Race”
NYT:
Democrats have almost no power to stop a pre-election vote on President Trump’s nominee to replace Justice Ruth Bader Ginsburg on the Supreme Court, but they see a glimmer of hope in a bank-shot scenario if they capture a… Continue reading
“Supreme Court is shorthanded but could play role in election”
Richard Wolf reports for USA Today.
Your Two Must-Reads About Justice Ginsburg’s Life as a Justice: Nina Totenberg and Joan Biskupic
Nina Totenberg: A 5-Decade-Long Friendship That Began With A Phone Call
Joan Biskupic: 20 years of closed-door conversations with Ruth Bader Ginsburg
“Introducing the 2020 Election Litigation Tracker”
Exciting announcement:
Twenty years ago this fall, a hotly contested presidential election led to 36 days of legal turmoil that culminated with the Supreme Court’s ruling in Bush v. Gore. This year, as America prepares to vote during the… Continue reading
Breaking: Justice Kagan Denies Another Supreme Court Petition to Put Green Party on the Ballot in Montana
The case is Davis v. Stapleton. Justice Kagan did not ask for a response on this one.
This is the second Green Party case from Montana denied by Justice Kagan.
Chemerinsky in ABA Journal on the Purcell Principle Applied in SCOTUS Covid-Related Election Cases
Read it here.
“‘Cases and Controversies’ Podcast: The 2020 Election”
I spoke with Bloomberg Law’s Kimberly Robinson and Jordan Rubin:
Challenges to election laws have poured into the Supreme Court and more are likely as the 2020 campaign season really heats up after Labor Day.Election law expert Rick Hasen,… Continue reading