Category Archives: Supreme Court

Is the internal dispute in Trump v. Anderson a tempest in a teapot?

March 6, 2024, 6:39 amSupreme CourtDerek Muller

The more I try to parse out the dispute between the majority’s Part II-A of its opinion (and other language) and the opinion concurring in the judgment in Trump v. Anderson, the less confident I am that I understand… Continue reading

My New One at Slate: “The Supreme Court Just Delivered a Rare Self-Own for John Roberts”

March 5, 2024, 3:25 pmSupreme CourtRick Hasen

I have written this piece for Slate. It begins: The Supreme Court’s unsigned majority opinion in Trump v. Anderson, ending Colorado’s attempt to disqualify Donald Trump from appearing on the ballot as an insurrectionist, is a remarkable self-own. It… Continue reading

I Spoke to Michel Martin of NPR’s “Morning Edition” About the Ruling in the Trump Disqualification Case

March 4, 2024, 11:04 amSupreme CourtRick Hasen

You can listen here.

Supreme Court Decision in Trump Colorado Disenfranchisement Case Almost Certainly Being Released Monday at 10 am ET (So It’s Technically Out Before Super Tuesday and Colorado Voting) and It Will Not Let Colorado Disqualify Trump

March 3, 2024, 11:45 amSupreme Court, votingRick Hasen

As recently as this weekend, the Supreme Court had not announced that it was going to issue opinions this week. Opinion releases usually happen when the Justices physically take the bench in Court, and the next opportunity for that which… Continue reading

“Republicans Hatched a Secret Assault on the Voting Rights Act in Washington State”

March 2, 2024, 3:26 pmredistricting, Supreme CourtRick Hasen

ProPublica: Republican Paul Graves’ work was about to come undone. In the wee hours of Nov. 15, 2021, he and his fellow Republican on Washington state’s independent redistricting commission had finally prevailed on their Democratic counterparts to agree to the … Continue reading

“Why Is Trump Getting Special Treatment From the Supreme Court?”

March 2, 2024, 3:17 pmSupreme CourtRick Hasen

Aziz Huq in Politico: To understand how truly remarkable it is that the Supreme Court has agreed to consider former President Donald Trump’s demand for absolute immunity from criminal prosecution, it is necessary to have some sense of how the… Continue reading

“Waiting on Supreme Court, States Go It Alone in Trump Ballot Cases”

March 1, 2024, 8:24 amballot access, Supreme CourtRick Hasen

NYT: When the U.S. Supreme Court agreed in January to hear an appeal of a Colorado ruling that disqualified former President Donald J. Trump from that state’s primary ballot, many thought the court would soon resolve the issue for… Continue reading

Ed Whelan is Right

March 1, 2024, 7:31 amSupreme CourtRick Hasen

From the “words I never expected to write” department, this observation seems spot on and it should have occurred to me when I read the Court’s order setting the Trump immunity case for a hearing (via Jonathan Adler): UPDATE: … Continue reading

“Will the timing of the Supreme Court’s Trump case mean no trial before the election?”

February 29, 2024, 3:03 pmSupreme CourtRick Hasen

Nina Totenberg reports for NPR.

I Spoke to CNN’s Laura Coates About the Supreme Court’s Decision to Slow Walk Trump’s Immunity Appeal in the Election Subversion Case (Video)

February 29, 2024, 7:34 amelection subversion risk, Supreme CourtRick Hasen

You can watch here: I posted my earlier thoughts on the Supreme Court’s surprising timing decision here.

Why Did the Supreme Court Wait So Long to Decide to Set the Trump Criminal Immunity Case for Full Hearing and Argument? It Likely Means No Trial for Trump on Election Subversion Before the Election

February 28, 2024, 3:30 pmelection subversion risk, Supreme CourtRick Hasen

Like many other observers, I thought the relatively long lag time between Donald Trump’s attempt to stay his criminal trial after losing in the district court and the D.C. Circuit meant the Court was not going to grant the… Continue reading

In Florida Social Media Case, Florida’s Lawyer Defends, Without Recognizing It, an Equalizing Interest in Requiring Platforms to Carry Speech They Don’t Want

February 27, 2024, 7:58 amcheap speech, Supreme CourtRick Hasen

I thought this exchange in the transcript of the Moody case was particularly telling (I’ve bolded the response that I think shows an interest in imposing an equality floor): JUSTICE KAVANAUGH: Can I — can I ask you about a… Continue reading

“Supreme Court Seems Wary of State Laws Regulating Social Media Platforms”

February 26, 2024, 5:35 pmcheap speech, Supreme CourtRick Hasen

Adam Liptak for the NYT: The Supreme Court seemed skeptical on Monday of laws in Florida and Texas that bar major social media companies from making editorial judgments about which messages to allow. The laws were enacted in an effort… Continue reading

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