Category Archives: Supreme Court

Linda Greenhouse Believes Roberts Changed His Position in Census Case After First Draft Favored the Government

July 3, 2019, 11:52 amcensus litigation, Supreme CourtRick Hasen

Linda in the NYT: But first, the census case. I’ve been obsessed with imagining whatever dark night of the soul preceded the chief justice’s last-minute decision to shift course and reject the administration’s position.I readily admit that I have… Continue reading

Rick Pildes: What Do Voters Think Independent Redistricting Commissions Should Do? (Rucho Symposium)

July 3, 2019, 9:35 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Rick Pildes, part of the symposium on Partisan Gerrymandering after Rucho: Now that the Supreme Court’s decision means that limits on partisan gerrymandering will have to come from venues such as… Continue reading

Keith Gaddie: After Rucho: Fifty Thickets (Rucho Symposium)

July 3, 2019, 7:00 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Keith Gaddie, part of the symposium on Partisan Gerrymandering after Rucho: Felix Frankfurter called redistricting a “political thicket” which the federal courts would do well to avoid. And, when the court did… Continue reading

Tam Cho: For Partisan Gerrymandering, an Ounce of Prevention is Worth a Pound of Cure (Rucho Symposium)

July 3, 2019, 6:30 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Wendy Tam Cho, part of the symposium on Partisan Gerrymandering after Rucho: We have been focused for some time on the Supreme Court’s role in regulating partisan gerrymandering. Now that we… Continue reading

All’s Well That Ends Well, or All’s Well That Evenwel? How the Commerce Department May Still Help States to Draw Districts with Equal Numbers of Voter Eligible Persons to Minimize Hispanic (and Democratic) Voting Strength

July 2, 2019, 7:08 pmcensus litigation, redistricting, Supreme CourtRick Hasen

It is undeniably good news that the Trump Administration decided to abandon the citizenship question in the face of evidence that it would depress turnout especially among those with noncitizens in a household and in light of the Supreme… Continue reading

Sam Issacharoff: When Constraint Fails (Rucho Symposium)

July 2, 2019, 10:30 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Sam Issacharoff, part of the symposium on Partisan Gerrymandering after Rucho: The 33-year search for judicial standards in partisan gerrymandering cases came to a crashing conclusion this Term. As Justice Kagan… Continue reading

Franita Tolson: Taking the Elections Clause Seriously after Rucho v. Common Cause (Rucho symposium)

July 2, 2019, 7:00 amElections Clause, redistricting, Supreme CourtRick Hasen

The following is a guest post from Franita Tolson, part of the symposium on Partisan Gerrymandering after Rucho: In Rucho v. Common Cause, the Supreme Court held that a partisan gerrymandering claim presented a nonjusticiable political question… Continue reading

Bruce Cain: Back to Institutional Basics (Rucho Symposium)

July 2, 2019, 6:30 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Bruce Cain, part of the symposium on Partisan Gerrymandering after Rucho: Given all the various ways that the Republicans have gamed election rules in recent years to stay in power, I… Continue reading

Nick Stephanopoulos: The Denouement of Kennedy’s Retirement (Rucho Symposium)

July 1, 2019, 4:00 pmredistricting, Supreme CourtRick Hasen

The following is a guest post from Nick Stephanopoulos, part of the symposium on Partisan Gerrymandering after Rucho: Both gerrymandering cases the Court decided this term—Rucho v. Common Cause out of North Carolina, and Lamone v. Benisek out… Continue reading

Deborah Hellman: Partisan Gerrymandering and Campaign Finance: An interesting relationship (Rucho symposium)

July 1, 2019, 1:04 pmcampaign finance, redistricting, Supreme CourtRick Hasen

The following is a guest post from Deborah Hellman, part of the symposium on Partisan Gerrymandering after Rucho: Last week’s decision in Rucho v. Common Cause rests on the claim that the Supreme Court cannot determine when districting… Continue reading

“Constitutional Blindspot: How The Roberts Court Is Betraying Our Democracy”

July 1, 2019, 12:35 pmSupreme CourtRick Hasen

David Gans for Take Care.

Joey Fishkin: Rucho: A Sinkhole Dangerously Close to the House (Rucho symposium)

July 1, 2019, 7:38 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Joey Fishkin, part of the symposium on Partisan Gerrymandering after Rucho: When I teach Rucho, I expect it will pair well with Colegrove v. Green, the long-overruled 1946 case in which… Continue reading

Ned Foley: Blame the Constitution, Not the Court (Rucho Symposium)

July 1, 2019, 7:00 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Ned Foley, part of the symposium on Partisan Gerrymandering after Rucho: Partisan gerrymandering should be unconstitutional, but the Supreme Court has ruled otherwise. Anger at Chief Justice Roberts for this 5-4… Continue reading

Michael Solimine: State Courts as Forums for Federal Partisan Gerrymandering Claims after Common Cause v. Rucho (Rucho Symposium)

June 30, 2019, 10:40 amredistricting, Supreme CourtRick Hasen

The following is a guest post from Michael Solimine, part of the symposium on Partisan Gerrymandering after Rucho: A 5-4 majority of the United States Supreme Court in Common Cause v. Rucho held that challenges to partisan gerrymandering… Continue reading

Election Law Blog

The law of politics and the politics of law