Category Archives: Supreme Court

Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain

November 20, 2023, 8:38 amSupreme Court, Voting Rights ActRick Hasen

Derek just blogged about this divided decision of the Eighth Circuit. It’s hard to overstate how important and detrimental this decision would be if allowed to stand: the vast majority of claims to enforce section 2 of the Voting Rights… Continue reading

Galveston Plaintiffs Go to Supreme Court to Prevent 5th Circuit From Running Out the Clock on 2024 Redistricting After Plaintiffs Won Their Case

November 17, 2023, 7:10 amredistricting, Supreme CourtRick Hasen

Application.

Great Student Notes on Moore v. Harper and Allen v. Milligan in Harvard Law Review’s Supreme Court Issue

November 13, 2023, 10:16 amSupreme CourtRick Hasen

Moore v. Harper note: “[T]he biggest threat to US democracy since January 6.”1 “[A] theory that could upend elections.”2 “It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear.”3 These… Continue reading

When might the Supreme Court weigh in on Section 3 challenges to Trump’s access to the ballot?

November 6, 2023, 11:16 amSupreme CourtDerek Muller

The drumbeat for several months has been, “Whatever happens with these state-level challenges to Trump’s candidacy, the Supreme Court will have the final word.” That’s possible, and even likely, but not guaranteed. And if (an if, not a when) the… Continue reading

“Abuse of Discretion: The U.S. Supreme Court’s Indefensible Use of Evidence in Election Law Cases”

November 6, 2023, 7:28 amcampaign finance, election administration, redistricting, Supreme Court, theoryRick Hasen

I have posted this draft on SSRN. Here is the abstract: This is the written version of a keynote address delivered to the Southern California Law and Social Science (SOCLASS) Forum, “Elections, Law and Democracy” Conference, Whittier Law School, March… Continue reading

Mike Johnson Podcast on June 7, 2022 Defended Extreme Version of the Independent State Legislature Theory to Justify Objecting to 2020 Vote Count favoring Joe Biden; Supreme Court Definitively Rejected This Theory Last June

October 26, 2023, 1:48 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

You can listen here. This is the version of the theory that the U.S. Supreme Court definitively rejected in last term’s Moore v. Harper case.

“The Supreme Court Summons the Ghosts of Bush v. Gore: How Moore v. Harper Haunts State and Federal Constitutional Interpretation of Election Laws”

October 24, 2023, 4:58 pmlegislation and legislatures, Supreme CourtRick Hasen

Scott Kafker and Simon Jacobs have posted this draft on SSRN (forthcoming, Wake Forest Law Review). Here is the abstract: There is a dangerous lack of clarity in the Supreme Court’s recent decision in Moore v. Harper, which held that… Continue reading

Breaking News: Supreme Court, Over Dissent by Justice Alito, Stays Lower Court Order in Missouri v. Biden, the Social Media “Jawboning” Case and Orders Case to Be Heard on the Merits this Term

October 20, 2023, 1:32 pmSupreme CourtRick Hasen

This term, which was also shaping up to be a monumental one on social media companies and free speech, gets even more significant in light of this order in Murthy v. Missouri. Justice Alito, for himself and Justices Gorsuch… Continue reading

ELB Podcast 5:2: The Roberts Court and American Democracy (Joan Biskupic)

October 18, 2023, 4:11 pmELB Podcast, Supreme Court, Voting Rights ActRick Hasen

New ELB Podcast: Is the Roberts Court shifting on its protection of voting rights? How has the addition of three Trump-appointed Justices changed the nature of the Supreme Court? Should we expect a new ethics code for Supreme Court Justices?… Continue reading

Watch Archived Video of My Conversation with Joan Biskupic on “The Roberts Court and American Democracy” for the Safeguarding Democracy Project

October 16, 2023, 7:35 amSupreme CourtRick Hasen

You can watch here:

“Samuel Alito Really, Really, Really Wants to Save This Racial Gerrymander in South Carolina”

October 11, 2023, 3:24 pmSupreme CourtRick Hasen

Chris Geidner really nailed it in his recap for Slate of today’s oral argument in the Alexander case (South Carolina racial gerrymandering): As Jackson explained, under the clear error standard, “A finding [from the district court] that is plausible in… Continue reading

Join Us October 12 at 12 pm PT for Free Safeguarding Democracy Project Webinar with Joan Biskupic: “The Roberts Court and American Democracy”

October 2, 2023, 10:25 amSupreme CourtRick Hasen

The event is free but registration is required. I’ll be speaking with Joan, author of the terrific new book, Nine Black Robes. Join us!

Breaking: Supreme Court Will Not Hear John Eastman Case Seeking to Wipe Out District Court Decision That He Likely Committed a Crime with Trump of Attempted Election Subversion; J. Thomas Recuses

October 2, 2023, 6:44 amelection subversion risk, Supreme CourtRick Hasen

From the order list: 22-1138 EASTMAN, JOHN C. V. THOMPSON, BENNIE G., ET AL.The petition for a writ of certiorari is denied. Justice Thomas took no part in the consideration or decision of this petition. I was glad to see,… Continue reading

“5th Circuit May Have Sidelined Supreme Court In Social Media Case”

September 29, 2023, 12:34 pmSupreme CourtRick Hasen

Law.com: Not even the federal government is exactly sure what is going on. On Wednesday evening, the U.S. Supreme Court was expected to announce its decision on whether top Biden administration officials could continue reaching out to social media platforms… Continue reading

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