Category Archives: Supreme Court

“Rescheduled:” #SCOTUS Takes North Carolina Voting Case Off March 3 Calendar

February 28, 2017, 2:42 pmSupreme Court, The Voting WarsRick Hasen

The dispute between the Governor/AG and Legislature as to who speaks for North Carolina and whether its cert. petition can be withdrawn has gotten the Supreme Court’s attention. There is now a docket notation that the consideration of the case’s… Continue reading

New Review of My Book, Plutocrats United, in the Law and Politics Book Review

February 28, 2017, 2:09 pmcampaign finance, Plutocrats United, Supreme CourtRick Hasen

Here, by Alex Keena.

Breaking: NC General Assembly Will Object to Dismissing #SCOTUS Suit over Strict NC Voting Law, Moves to Add as Petitioner

February 27, 2017, 12:48 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Well, we’ve been expecting this. Here’s a motion to be filed at the Supreme Court objecting to NC AG’s motion to dismiss the cert. petition in the controversial NC voting case. And here’s a motion to add the Legislature and… Continue reading

CCP Statement on Loss of Independence Institute Case

February 27, 2017, 11:39 amcampaign finance, Supreme CourtRick Hasen

Release: The Supreme Court today affirmed without comment a ruling in the case Independence Institute v. Federal Election Commission, upholding the constitutionality of a campaign finance disclosure law. The Court’s order reflects agreement with the lower court’s result, but not… Continue reading

Breaking: Without Noted Dissent, Supreme Court Affirms Lower Court Allowing Disclosure in Major Campaign Disclosure Case

February 27, 2017, 6:34 amcampaign finance, Supreme CourtRick Hasen

Today the Supreme Court affirmed (that is, agreed the lower court was correct, although not necessarily on the reasoning) in Independence Institute v. FEC, a major case which could have called into question the effectiveness of federal and… Continue reading

Wisconsin Files #SCOTUS Notice of Appeal in Partisan Gerrymandering Case, Triggering Likely High Court Review Next Term

February 24, 2017, 10:36 amredistricting, Supreme CourtRick Hasen

This is a big deal. (Background on why the Court will likely hear the case on the merits.) Will Justice Kennedy agree to police partisan gerrymandering as his parting gift from SCOTUS?

NC Voting Case Not Over (Yet) at #SCOTUS? [Corrected post]

February 22, 2017, 3:36 pmSupreme Court, The Voting WarsRick Hasen

Note: An earlier version of this post said that there was a party line vote at the North Carolina Board of Elections not to withdraw from the case. That’s correct, but it was not the end of the story. I… Continue reading

“From Educational Adequacy to Representational Adequacy: A New Template for Legal Attacks on Partisan Gerrymanders”

February 22, 2017, 3:28 pmredistricting, Supreme CourtRick Hasen

Chris Elmendorf has posted this draft on SSRN. Here is the abstract: For decades, legal attacks on partisan gerrymanders have foundered on a manageability dilemma: doctrinal standards the Supreme Court has regarded as judicially discoverable have been rejected as unmanageable,… Continue reading

Supreme Court Refuses to Hear True the Vote Case Seeking to Sue Lois Lerner, Former IRS Official

February 21, 2017, 7:27 amSupreme Court, tax law and election lawRick Hasen

AP: The Supreme Court has rejected an appeal from a nonprofit group that wanted to sue individual IRS officials for targeting tea party groups that applied for tax-exempt status.

What Does Judge Gorsuch Think About Partisan Gerrymandering? A Tiny Tea Leaf

February 18, 2017, 4:35 pmredistricting, Supreme CourtRick Hasen

For more than the last decade, since the Supreme Court decided Vieth v. Jubelirer, plaintiffs have been angling to get another case raising the question before the Supreme Court. In Vieth, Justice Kennedy sided with the dissenters in holding… Continue reading

Judge Gorsuch: States Can Keep Ineligible Candidates Off the Election Ballot

February 17, 2017, 8:12 amballot access, Supreme CourtRick Hasen

I just came across an unpublished 2012 10th Circuit opinion from Judge Gorsuch in Hassan v. Colorado. Here is the full opinion, and I’ve bolded the most important last sentence: NEIL M. GORSUCH, Circuit Judge. Abdul Karim Hassan is… Continue reading

At William and Mary Redistricting in 2020 Symposium

February 16, 2017, 7:52 pmredistricting, Supreme CourtRick Hasen

The next few days should be great at this event. I’ll be presenting Race or Party, Party as Race, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization In Redistricting and Voting Cases.

What Does Judge Gorsuch Disagree with in His 2005 National Review Online Piece? Ask Him at Hearing

February 16, 2017, 7:42 pmSupreme CourtRick Hasen

AP: Durbin, D-Ill., also said Gorsuch indicated support for criminal justice reform — a Durbin priority — and disavowed a 2005 National Review article he’d written criticizing Democrats and liberals. “He said it was probably one of the biggest mistakes… Continue reading

With Democratic Governor Silent, North Carolina Tees Up #SCOTUS Review of Its Strict Voting Law

February 16, 2017, 11:44 amSupreme Court, The Voting Wars, Voting Rights ActRick Hasen

North Carolina has filed its reply brief in the North Carolina voting case, and the Supreme Court is set to review it at its March 3 conference. (If the Court does grant review, it typically takes at least two conferences… Continue reading