Category Archives: Supreme Court

“Stephen Breyer’s Nonpartisan Retirement Plan Will Only Make Things Worse”

June 9, 2021, 9:28 amSupreme CourtRick Hasen

I have written this piece for Slate. It begins: The New York Times reported last month that Supreme Court Justice Stephen Breyer, age 82, has been resisting calls for his retirement from fellow progressives. The reason? Breyer apparently worries that… Continue reading

“Analysis: How the Supreme Court has tilted election law to favor the Republican Party”

June 4, 2021, 7:57 amSupreme CourtRick Hasen

David Savage for the LAT.

“Breyer Worries Retiring Could Add to Polarization. Would It?”

May 18, 2021, 4:03 pmpolitical polarization, Supreme CourtRick Hasen

NYT analysis.

“Deregulated Redistricting”

May 18, 2021, 3:37 pmredistricting, Supreme CourtRick Hasen

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”

May 10, 2021, 6:32 amSupreme Court, Voting Rights ActRick Hasen

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

April 27, 2021, 8:58 amSupreme CourtRick Hasen

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”

April 27, 2021, 7:06 amcampaign finance, Supreme CourtRick Hasen

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

April 26, 2021, 8:54 amcampaign finance, Supreme CourtRick Hasen

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”

April 25, 2021, 2:58 pmcampaign finance, Supreme CourtRick Hasen

Ciara Torres-Spelliscy on AFP.

“Democrats press Supreme Court Justice Amy Coney Barrett to recuse in major First Amendment case”

April 20, 2021, 8:25 amSupreme CourtRick Hasen

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”

April 19, 2021, 7:36 amcampaign finance, Supreme CourtRick Hasen

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)

April 19, 2021, 6:59 amSupreme CourtRick Hasen

Bognet on the order list.

“The 2020 election still hovers over the Supreme Court with another pending Pennsylvania case”

April 18, 2021, 7:47 pmlegislation and legislatures, Supreme CourtRick Hasen

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