There will surely be more to discuss, but I wanted to flag these parallels in Chef Justice Roberts’ opinions.
First, from Shelby County v. Holder (2013):
Second, from Allen v. Milligan (2023):
Dahlia Lithwick and I have written this piece for Slate. It begins:
It was impossible to listen to oral arguments this past Supreme Court term without being struck by the way this court’s conservative supermajority views the 14th Amendment. According… Continue reading
I did not have time when I was at the Library of Congress looking at Justice Stevens’ papers to give a close read to the file in Vieth v. Jubelirer, a 2004 partisan gerrymandering case. In that case, four… Continue reading
I have written this piece at Slate. It begins:
More than 20 years ago, then-Supreme Court Justice David Souter tried to warn that big money in politics risked turning United States officials into tools of an emerging “plutocracy.” We now… Continue reading
Joan Biskupic and Derek Muller have covered the most important news I saw in Justice Stevens’ Bush v. Gore files: that the Article II (independent state legislature theory) emanated from Justice O’Connor, not Chief Justice Rehnquist, and that Justice O’Connor… Continue reading
I am pleased to welcome to ELB Book Corner Steve Vladeck, author of the new book, The Shadow Docket. Here is the last of three posts:
After introducing Purcell and how the Court used it inconsistently in the… Continue reading
I am pleased to welcome to ELB Book Corner Steve Vladeck, author of the new book, The Shadow Docket. Here is the second of three posts:
Yesterday’s post introduced the discussion of election cases in my new book… Continue reading
The Supreme Court issued a decision in National Pork Producers Council v. Ross, holding that California may regulate sale of pork products in state even if it may affect interstate commerce. Not much of an election law angle.
One… Continue reading
I am pleased to welcome to ELB Book Corner Steve Vladeck, author of the new book, The Shadow Docket. Here is the first of three posts:
The subtitle of my new book on the Supreme Court’s “shadow docket,”… Continue reading
It’s a case about the dormant commerce clause and California’s power to prohibit the in-state sale of pork that comes from conditions California deems cruel. But the Supreme Court’s decision last week in National Pork Producers Council v. Ross had… Continue reading