Read Wisconsin’s Emergency Supreme Court Petition Seeking to Overturn Redistricting Maps Approved by State Supreme Court
The claim in this petition relates to the Voting Rights Act and racial gerrymandering claims.
Category Archives: Supreme Court
“Wisconsin Republicans to appeal redistricting case to U.S. Supreme Court”
Milwaukee Journal Sentinel:
A day after losing before Wisconsin’s high court, Republicans detailed plans Friday to take their redistricting fight to the U.S. Supreme Court. Republicans asked the Wisconsin Supreme Court on Friday to block the ruling it issued … Continue reading
“Republicans Want Courts Out of Election Cases”
Jost on Justice:
When the Supreme Court closed federal courthouse doors to partisan gerrymandering cases three years ago, Chief Justice Roberts stressed in Rucho v. Common Cause (2019) that states still had the authority to devise remedies for politically… Continue reading
More Critiques of Strong Version of Independent State Legislature Theory (Josh Douglas, Ian Millhiser, Brennan Center), as NC and PA Cases Pend Before SCOTUS
Josh Douglas for Washington Monthly
Ian Millhiser for Vox
Ethan Herenstein and Thomas Wolf for the Brennan Center
And now some opposition briefs in the PA case (via All About Redistrictin)
Chapman (Acting Sec. of the Commonwealth)… Continue reading
Three Briefs Filed at Supreme Court in Opposition to NC Partisan Gerrymandering Case
“The Independent State Legislature Claim, Textualism, and State Law”
Carolyn Shapiro has posted this draft on SSRN. Here is the abstract:
During the litigation surrounding the 2020 election, the independent state legislature claim (“ISLC”) , emerged as a potentially crucial factor in the presidential election. The ISLC rests on… Continue reading
“As maps fall, GOP tries to neutralize state supreme courts”
AP:
Repeatedly stymied by local courts in their efforts to draw maps that make it easier for their party to win elections, Republicans are trying to neutralize the ability of state supreme courts to interfere in the politically-charged redistricting… Continue reading
My New One at Slate on North Carolina’s Attempt to Get the Supreme Court to Allow It to Return to Partisan Gerrymandering of Congressional Districts
I have written this piece for Slate. It begins:
In a late Friday afternoon filing as war raged in Ukraine and as President Joe Biden announced Judge Ketanji Brown Jackson as his nominee to replace Justice Stephen Breyer on the… Continue reading
Amar and Amar: “Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish”
Can’t wait to read this article by Vik Amar and Akhil Amar, forthcoming in the Supreme Court Review. Here is the abstract:
The Court’s rulings in Bush v. Gore were disgraceful, and efforts two decades later to rehabilitate and recycle… Continue reading
Breaking: North Carolina General Assembly Goes to US Supreme Court to Overturn State Supreme Court Decision Reining in Partisan Gerrymandering of Congressional (and Other Districts) (Link to Filing)
As I feared, here the new filing. Analysis to come.
What happens to election law after the Anderson-Burdick framework is (probably) overturned?
If I had to predict, I’d guess that the Anderson-Burdick framework for federal review election laws will be overturned in the next decade. What does election law litigation look like after that?
Is that a grim thought for election law… Continue reading
Judge Ketanji Brown Jackson, Biden’s Expected Nominee for the U.S. Supreme Court, Has Apparently Decided No Significant Election Law Cases
With news that President Biden is about to nominate Judge Ketanji Brown Jackson to fill Justice Breyer’s seat on the Supreme Court at the end of this term, I took a look at Adam Feldman’s very useful database… Continue reading
ELB Podcast Episode 3:6: Deuel Ross: Everything You Wanted to Know About the Alabama Voting Rights Redistricting Case But Were Too Confused to Ask
New ELB Podcast:
ELB Podcast Episode 3:6: Deuel Ross: Everything You Wanted to Know About the Alabama Voting Rights Redistricting Case But Were Too Confused to AskWhy did the Supreme Court put on hold a federal district court order… Continue reading
Supreme Court Consolidates Two Alabama Redistricting Voting Rights Cases, Squarely Sets Up Meaning of Section 2 of VRA in Question Presented
From today’s order list:
21-1086 ) MERRILL, AL SEC. OF STATE, ET AL. V. MILLIGAN, EVAN, ET AL.) 21-1087 ) MERRILL, AL SEC. OF STATE, ET AL. V. CASTER, MARCUS, ET AL.These cases are consolidated, and a total of… Continue reading