Category Archives: Supreme Court

“A Quiet Docket May Be Just the Right Medicine for the Supreme Court”

September 30, 2018, 6:09 pmSupreme CourtRick Hasen

Adam Liptak for the NYT: The current docket may appear a little sleepy. But additional cases could change that. Before the new term ends next June, the court may hear cases on partisan gerrymandering, whether a federal employment discrimination law… Continue reading

“North Dakota Voters Appeal to US Supreme Court for Protections”

September 30, 2018, 4:23 pmSupreme CourtRick Hasen

Release: On September 27, the Native American Rights Fund(NARF), on behalf of its clients, a group of Native American voters in North Dakota, filed an emergency appeal to the United States Supreme Court. They are asking the court to… Continue reading

“Will Kavanaugh Be Forced to Recuse Himself From Political Cases After His Charged Remarks?”

September 30, 2018, 4:18 pmSupreme CourtRick Hasen

Pema Levy for Mother Jones.

Today’s Must Read: Adam Liptak, “A Bitter Nominee, Questions of Neutrality, and a Damaged Supreme Court”

September 29, 2018, 8:43 amSupreme CourtRick Hasen

Adam in the NYT: His performance on Thursday, responding to accusations of sexual misconduct at a hearing of the same Senate committee, sent a different message. Judge Kavanaugh was angry and emotional, embracing the language of slashing partisanship. His demeanor… Continue reading

Just How Much Will the Crossroads Ruling Change Disclosure Rules for 2018? Probably Not as Much as You Think

September 20, 2018, 7:28 amcampaign finance, Supreme CourtRick Hasen

In my post about the Supreme Court’s denial of a stay in the Crossroads campaign disclosure case, I wrote that it “does not solve all of the current disclosure problems, but this is a victory for transparency.” I stand by… Continue reading

Sen. McCaskill Cites Judge Kavanaugh’s Campaign Finance Views as Her Reason for Voting No on His Supreme Court Nomination

September 20, 2018, 7:19 amcampaign finance, Supreme CourtRick Hasen

Gannett: Sen. Claire McCaskill said Wednesday she will vote against federal appellate judge Brett Kavanaugh, President Donald Trump’s nomination to the U.S. Supreme Court. Citing “dark money” in politics as the main reason for her opposition, McCaskill released a… Continue reading

Breaking: Supreme Court Rejects Stay in Crossroads Campaign Disclosure Case

September 18, 2018, 11:30 amcampaign finance, Supreme CourtRick Hasen

With no noted dissents, the Supreme Court has turned down Crossroad GPS’s request for emergency relief from an order that will require disclosure of more of its donors who are contributing money to influence federal elections. As I wrote… Continue reading

“Campaign Donor Disclosure Fate May Hinge on Kavanaugh Vote”

September 18, 2018, 7:56 amcampaign finance, Supreme CourtRick Hasen

Ken Doyle for Bloomberg: The continued secrecy of donors to campaign spending groups may depend on whether and how quickly the Senate can confirm Supreme Court nominee Brett Kavanaugh. Chief Justice John Roberts reinstated in a brief order issued over… Continue reading

Chief Justice Roberts Issues Temporary Stay of Order Requiring Crossroads GPS and Similar Groups to Disclose Certain Donor Information to FEC

September 15, 2018, 3:01 pmcampaign finance, Supreme CourtRick Hasen

The stay looks to be an administrative one, pending further action of the Court. Witht 4 Justices strongly in favor of disclosure on the Court, I would guess that this results in an eventual denial of the stay, either by… Continue reading

“Democrats revive their lawsuit over Wisconsin gerrymandering in hopes of blocking election maps in 2020”

September 14, 2018, 9:24 amredistricting, Supreme CourtRick Hasen

Milwaukee Journal-Sentinel: Democrats are renewing their lawsuit over election maps that have helped Republicans maintain big margins in the state Assembly. An expanded group of Democratic voters filed a new version of their long-running lawsuit on Friday, three months after… Continue reading

“How Brett Kavanaugh could help create an era of rampant corruption”

September 13, 2018, 10:55 amcampaign finance, Supreme CourtRick Hasen

Paul Waldman for the Plum Line.

“Kavanaugh Decision Created Opening for Foreign Interference in U.S. Elections”

September 11, 2018, 9:19 pmcampaign finance, Supreme CourtRick Hasen

Brendan Fischer blogs.

“Citizens United As Bad Corporate Law”

September 11, 2018, 9:07 pmcampaign finance, Supreme CourtRick Hasen

Jonathan Macey and Leo Strine have posted this draft on SSRN. Here is the abstract: In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a… Continue reading

“Judicial Intervention as Judicial Restraint”

September 10, 2018, 1:52 pmelection law and constitutional law, political parties, redistricting, Supreme Court, The Voting WarsJustin Levitt

Guy-Uriel Charles and Luis Fuentes-Rohwer have a new piece forthcoming in the Harvard Law Review, on partisan gerrymandering and justiciability: This paper examines the Court’s decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account… Continue reading