WaPo: Liberal activists, who were dramatically outspent in their last fight to fend off President Trump’s Supreme Court nominee, are embracing a tactic that has been a mainstay of the conservative political playbook: tapping a war chest financed by unidentified… Continue reading

“Money, politics and Justice Anthony Kennedy: Revisiting Citizens United”

July 25, 2018, 7:51 amcampaign finance, Supreme CourtRick Hasen

Michael Morley at The Conversation.

“How to Tell Where Brett Kavanaugh Stands on Citizens United”

July 23, 2018, 8:07 amcampaign finance, Supreme CourtRick Hasen

Adam Liptak for the NYT: Judge Brett M. Kavanaugh has a favorite sentence. It explains why he is likely to reaffirm and build on the Citizens United decision if he is confirmed to the Supreme Court. The sentence appeared in… Continue reading

“The Scalia Factor: Rick Hasen on his book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

July 21, 2018, 1:54 pmScalia, Supreme CourtRick Hasen

I sat down with Dahlia Lithwick for Slate’s Amicus Podcast. Listen: In the first of a series of deep dives into great legal reads this summer, Dahlia Lithwick talks with Rick Hasen, author of The Justice of Contradictions: … Continue reading

“Indicted Russian Company Uses Trump’s Supreme Court Pick as Get Out of Jail Free Card”

July 18, 2018, 9:06 amcampaign finance, campaigns, Supreme CourtRick Hasen

Every Voice: A Russian company indicted earlier this year as part of Special Counsel Robert Mueller’s investigation into foreign interference in our elections is using a decision written by none other than Donald Trump’s Supreme Court nominee Brett Kavanaugh to… Continue reading

“Should Democrats Have Saved Their Filibuster for the New Court Fight?”

July 15, 2018, 8:38 amlegislation and legislatures, Supreme CourtDan Tokaji

NYT, CouldWouldaShoulda Dept: “Now, as the Senate faces another court vacancy — one that could tilt the court’s ideological balance and cement a conservative majority — the Democrats have few tools to fight the nomination. A different outcome last… Continue reading

“Kavanaugh and Campaign Finance: Republican National Committee v. Federal Election Commission”

July 14, 2018, 9:46 amcampaign finance, Supreme CourtDan Tokaji

Charles Davis on SCOTUSBlog: Kavanaugh’s opinion showed hostility towards the Supreme Court’s views in McConnell. It questioned the theory that these [soft money] limits could be justified simply by the close connection between political parties and candidates or officeholders,… Continue reading

Ari Berman on Judge Kavanaugh and Voting Rights

July 13, 2018, 9:14 amSupreme Court, Voting Rights ActDan Tokaji

NYT op-ed: “The threat of voter disenfranchisement will get worse if Judge Kavanaugh is confirmed to the court. His opinion in the South Carolina [voter ID preclearance] case and his record in civil rights matters suggests that he will… Continue reading

Experts on Judge Kavanaugh and Election Law

July 13, 2018, 9:06 amSupreme CourtDan Tokaji

From Politico, here are some excerpts on how his confirmation would affect election law and democracy: Geof Stone: “Across the entire spectrum of critical constitutional issues – ranging from abortion to gay rights to affirmative action to gerrymandering to… Continue reading