Category Archives: Supreme Court

ELB Podcast, Season 4, Episode 2: Moore v. Harper and Potential Threats to American Democracy

September 18, 2022, 5:43 amELB Podcast, legislation and legislatures, Supreme CourtRick Hasen

New ELB Podcast: What is the “independent state legislature theory,” and does a potential Supreme Court embrace threaten American democracy?Will use of the doctrine raise the risk of election subversion or stolen elections?How far could the theory go in… Continue reading

My New Article Posted on SSRN: “Election Reform: Past, Present, and Future”

September 13, 2022, 3:51 pmdirect democracy, legislation and legislatures, Supreme Court, theory, voting, Voting Rights ActRick Hasen

I have posted on SSRN a draft of this encyclopedia article, forthcoming in the Oxford Handbook of American Election Law (Eugene Mazo, editor, forthcoming 2023). Here is the abstract: This Chapter considers what election “reform” is and why many Americans… Continue reading

My Appearance on PBS News Hour Weekend: “How the outcome of Moore v. Harper could impact federal elections” (With a Discussion of the Role of Leonard Leo and the “Honest Elections Project”)

September 11, 2022, 8:06 pmSupreme CourtRick Hasen

You can watch the segment at this link. A snippet: Some of the same GOP activists who pushed the Supreme Court to the right are now aiming to give state legislatures near-unchecked power over district lines and voting restrictions.… Continue reading

Missouri Files Bonkers Amicus Brief in Moore v. Harper Case Arguing That Not Even Congress Can Limit a State Legislature’s Partisan Gerrymandering

September 6, 2022, 8:53 pmredistricting, Supreme CourtRick Hasen

The main dispute in Moore v. Harper, currently pending before the Supreme Court, is whether state legislatures may be constrained by other state actors (such as state courts applying state constitutional provisions protecting voting rights) when they pass rules… Continue reading

Important Amicus Brief in Moore v. Harper Case Filed by Conference of Supreme Court Justices

September 6, 2022, 6:00 pmlegislation and legislatures, Supreme CourtRick Hasen

This brief is well done (Carter Phillips/Evan Caminker) but also important in that it represents the views of Chief Justices of states from across the political spectrum. Tom Wolf tweet thread explains the brief’s significance. From the Brief’s summary of… Continue reading

Watch Archived Video of My Appearance on CNN Talking About Ginni Thomas, Justice Thomas, January 6 and the Supreme Court

September 4, 2022, 2:50 pmchicanery, election subversion risk, fraudulent fraud squad, Supreme CourtRick Hasen

You can watch it here:

“Losing Legitimacy? Institutional Legitimacy Under Stress”

September 1, 2022, 3:42 pmSupreme CourtRick Hasen

Jim Gibson has posted this draft on SSRN. Here is the abstract: In its ruling abrogating a federal constitutional right to abortion services, the U.S. Supreme Court set off a firestorm of criticism unrivaled in recent times. Indeed, the Dobbs… Continue reading

Follow-Up Written Answers for Senate Judiciary Committee on Voting Rights after Brnovich and Shelby County

August 30, 2022, 11:38 amlegislation and legislatures, Supreme Court, Voting Rights ActRick Hasen

Last July, I testified at a Senate Committee on the Judiciary, Subcommittee on The Constitution, hearing entitled “Restoring the Voting Rights Act after Brnovich and Shelby County.” Two Senators had follow-up questions, and I have now posted the questions and… Continue reading

Petitioners File Their Opening Supreme Court Brief on the Merits in Moore v. Harper, the Independent State Legislature Case

August 30, 2022, 7:38 amlegislation and legislatures, Supreme CourtRick Hasen

You can read the brief here.

Watch Archived Video of Safeguarding Democracy Project Webinar, “Moore v Harper, the Independent State Legislature Theory and Potential Threats to American Democracy,” with Vik Amar, Derek Muller, Rick Pildes, Carolyn Shapiro, and Franita Tolson

August 25, 2022, 4:20 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

You can watch the event that I moderated, from UCLA Law’s Safeguarding Democracy Project, here:

“The Truly Scary Part of the $1.6 Billion Conservative Donation; It’s not about the legality. It’s about the loop.”

August 23, 2022, 6:00 pmcampaign finance, Supreme Court, Voting Rights ActRick Hasen

I have written this piece with Dahlia Lithwick for Slate. It begins: On Monday, the New York Times broke the news that last year conservative mastermind Leonard Leo had obtained control over $1.6 billion through something called the “Marble Freedom… Continue reading

Breaking: Georgia Gives Up Seeking Emergency Relief after Supreme Court Loss, Will Run Elections for Public Service Commissions Using Districts to Remedy Likely Voting Rights Act Violation

August 19, 2022, 2:44 pmSupreme Court, Voting Rights ActRick Hasen

Following up on this post, Georgia has raised the white flag, at least for this election. That’s even after the 11th Circuit set a lightning fast briefing schedule to consider a stay on remand from the Supreme Court.

Breaking: Supreme Court Reverses Eleventh Circuit in Georgia Voting Rights Suit Finding Georgia Secretary of State Conceded Purcell Principle Could Not Apply; Remands for Further Proceedings (No Noted Dissents) [Updated 11th Circuit Order on Remand]

August 19, 2022, 8:45 amSupreme Court, Voting Rights ActRick Hasen

Georgia’s failure to use districts for electing certain statewide officials was found to violate the Voting Rights Act, and the district court required the use of districts in an upcoming election. The Eleventh Circuit put that ruling on hold, apply… Continue reading

“Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform”

August 16, 2022, 8:39 amelection subversion risk, Supreme CourtRick Hasen

Genevieve Nadeau and Helen White for Just Security: During the recent Senate Rules Committee hearing on Electoral Count Act reform, Senator Angus King (I-ME) asked a question that seems to be on many minds: What is the independent state… Continue reading

Election Law Blog

The law of politics and the politics of law