“It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear”
I have written this piece for Slate on today’s cert grant in Moore v. Harper.
Category Archives: Supreme Court
Breaking and Analysis: Supreme Court Will Hear Moore v. Harper, the Independent State Legislature Theory Case from North Carolina; This Case Could Severely Curtail the Ability of State Courts to Protect Voting Rights and Stop Partisan Gerrymandering
The Supreme Court today just agreed to hear Moore v. Harper, an “independent state legislature” theory case from North Carolina. This case has the potential to fundamentally rework the relationship between state legislatures and state courts in protecting voting rights… Continue reading
Analysis: Supreme Court in EPA Case, Like the OSHA Case Earlier This Term, Shows The Court is Not Really “Textualists” and Applies Statutory Canons Reflecting Its Values
Dissenting today in West Virginia v. EPA, Justice Kagan writes: “Some years ago, I remarked that “[w]e’re all textualists now.” Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes… Continue reading
ELB Book Corner: George Thomas: “The Inescapability of Constitutional Judgment”
I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the final of three posts:
In the first post I pointed out that unwritten understandings play a central role in… Continue reading
ELB Book Corner: George Thomas: “The Constructed Constitution”
I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the second of three posts:
In the first post, I pointed to the unwritten ideas that constitutional interpretation necessarily rests… Continue reading
ELB Book Corner: George Thomas: “There’s So Much That’s Not in the Constitution”
I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the first of three posts:
As we prepare for the Supreme Court to overturn Roe v. Wade, the country is… Continue reading
Supreme Court Does Not Issue Order in “Independent State Legislature” Theory Case, Making It Less Likely That the Court Will Hear the Case….
and more likely someone is writing a dissent from denial.
I have more analysis in this twitter thread.
I think it is more likely they’ll take the case out of Pennsylvania.
Opposition to Louisiana’s Request for a Supreme Court Stay in Redistricting Case Now Posted
Supreme Court Does Not Issue Order Today on Whether or Not to Hear Moore v. Harper, the Independent State Legislature Case
Nothing on today’s order list about this 800-pound-gorilla of election cases. We could get an order granting a hearing in the case on next week’s order list or a following week, or we could get one or more Justices dissenting… Continue reading
“The Influence of Partisanship on Supreme Court Election Law Rulings”
Anthony Gaughan has posted this draft on SSRN (Notre Dame Journal of Law, Ethics and Public Policy). Here is the abstract:
This article examines the role of partisanship in Supreme Court election law rulings. To that end, it surveys the… Continue reading
Listen to Slate “Amicus” Podcast with Joan Biskupic, Dahlia Lithwick, and Me: “Somewhere John Roberts Is Screaming Into an Expensive Pillow; How does SCOTUS even operate in this environment?”
I had a great conversation with Dahlia Lithwick and Joan Biskupic on the Slate Amicus podcast about the weird state of the Supreme Court before the coming storm and the Court’s intersection with the January 6 investigation.
You can listen… Continue reading
“The Supreme Court, Public Opinion and the Fate of Roe”
Adam Liptak NYT Sidebar column:
But is there indeed evidence that public opinion influences the court?The justices themselves have suggested that there is at least a correlation between the popular will and judicial outcomes.“Rare indeed is the legal victory… Continue reading
“Pennsylvania’s congressional map returns to the court”
SCOTUSBlog:
Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. When the justices deny an emergency application, however, that is not necessarily the end… Continue reading
Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections
You can find the Court’s order without opinion, and Justice Alito’s dissent for himself and for Justices Gorsuch and Thomas at this link. (Thanks to Steve Mazie for the pointer.) The case involves whether a part of the Civil Rights… Continue reading