Category Archives: Supreme Court

“The Democrats’ New Voting-Rights Obstacle”

July 10, 2021, 6:56 amSupreme Court, Voting Rights ActDan Tokaji

Ron Brownstein in the Atlantic: [T]here is a gnawing anxiety among voting-rights advocates that even if Democrats find a way to roll back the Senate filibuster and pass new federal legislation safeguarding access to the ballot, the Republican-appointed majority… Continue reading

“The Revenge of John Roberts”

July 9, 2021, 8:16 amcampaign finance, Supreme Court, Voting Rights ActDan Tokaji

Rolling Stone: “Combined, the AFPF and Brnovich decisions continue the Roberts court’s decade-plus track record of undermining the hard-fought voting laws enacted during the Civil Rights Movement and the anti-corruption reforms passed in the aftermath of the Watergate scandal.… Continue reading

“Brnovich v. DNC, The Supreme Court, and Voting Rights”

July 9, 2021, 8:13 amSupreme Court, Voting Rights ActDan Tokaji

A We the People podcast from NCC, featuring Rick H, Ilya Shapiro, and Jeffrey Rosen.

Nationwide preclearance for congressional elections

July 8, 2021, 1:25 pmredistricting, Supreme Court, Voting Rights ActNed Foley

For my inaugural post as part of ELB’s new format (and I’m honored to be on board–thanks, Rick), here’s a new Washington Post column. Given Brnovich, it proposes nationwide preclearance but limited to congressional elections as a way to… Continue reading

Charles & Fuentes-Rohwer on Brnovich

July 8, 2021, 11:48 amSupreme Court, Voting Rights ActDan Tokaji

Guy Charles and Luis Fuentes-Rohwer in the Atlantic: The Court’s opinion in Brnovich is deeply problematic, but not because the majority reached the wrong result. Reasonable people can disagree as to whether the specific electoral rules at issue—the wrong-precinct… Continue reading

“The Supreme Court’s Latest Voting Rights Opinion Is Even Worse Than It Seems”

July 8, 2021, 7:30 amSupreme Court, Voting Rights ActRick Hasen

I have written this piece for Slate. It begins: It’s been almost a week since the Supreme Court issued its most significant ruling on voting rights in nearly a decade, and each time I read Justice Samuel Alito’s majority opinion… Continue reading

FEC Appeal to SCOTUS in Ted Cruz Case

July 8, 2021, 4:06 amcampaign finance, Supreme CourtDan Tokaji

The jurisdictional statement in FEC v. Cruz, involving the limit on post-election contributions to repay candidates’ loans to their own campaigns, is here.

More of the Brnovich Symposium on SCOTUSblog

July 7, 2021, 9:00 amSupreme Court, Voting Rights ActDan Tokaji

Contributions from David Gans and Hans von Spakovsky are now posted.

“Samuel Alito’s Boundless Contempt for Democracy”

July 7, 2021, 6:27 amSupreme Court, Voting Rights ActDan Tokaji

Matt Ford in TNR: “In a nihilistic ruling by Justice Samuel Alito, the six-justice conservative majority did not so much interpret Section 2 as they rewrote it and gave future litigants a roadmap to circumvent what was left. The… Continue reading

“Did the Supreme Court Just Kill the Voting Rights Act?”

July 6, 2021, 10:21 pmSupreme Court, Voting Rights ActDan Tokaji

The NYT summarizes perspectives on Brnovich.

“How Convenient Should Voting Be? Court Ruling Leaves No Clear Answer”

July 6, 2021, 9:59 pmSupreme Court, Voting Rights ActDan Tokaji

Nate Cohn’s analysis of Brnovich: What kind of restrictions on voting violate Section 2 of the Voting Rights Act? …The court’s decision didn’t offer a clear answer. Instead, it offered “guideposts” to illustrate why the Arizona law passed muster, without… Continue reading

SCOTUSblog Symposium on Brnovich

July 6, 2021, 1:45 pmSupreme Court, Voting Rights ActDan Tokaji

Here, with contributions from Ciara Torres-Spelliscy and Derek Muller so far.

Watch Archived Video of UCI Law 11th Annual Supreme Court Term in Review

July 6, 2021, 12:59 pmSupreme CourtRick Hasen

You can watch here, with Emily Bazelon, Erwin Chemerinsky, Stephen Lee, Melissa Murray, and Paul Clement (I am the moderator):

Tune In Today: UCI Law’s 11th Annual Supreme Court Term in Review

July 6, 2021, 7:21 amSupreme CourtRick Hasen

Watch here! 11th Annual Supreme Court Term in Review sponsored by LawWorks and TorkLaw Tuesday, July 6 at 10:00am to 12:00pm Virtual Event This exciting and entertaining annual program reviews the Supreme Court’s key cases decided in the most recent term, with an… Continue reading