Category Archives: Supreme Court

“If SCOTUS Won’t Enforce the 14th Amendment, We Should Worry How They’ll Handle the 22nd”

February 7, 2024, 7:08 amelection subversion risk, Supreme CourtRick Hasen

Ian Bassin for Lawfare: Fast forward to August of this year: The Democrats are convening in Chicago to make their presidential nomination official. Behind the scenes, a secret scramble is in the works. With polling continuing to show the incumbent… Continue reading

Keisler and Bernstein: “Trump’s Reply Brief ‘Officer’ And ‘Office’ Arguments Miss The Mark”

February 6, 2024, 8:52 amSupreme CourtRick Hasen

The following is a guest post from Peter Keisler and Richard Bernstein, delving deep into Trump’s hypertechnical lead argument: Former President Trump’s reply brief in Trump v. Anderson makes five arguments that if, under Section 3 of the Fourteenth Amendment,… Continue reading

“Trump Ballot Ban Puts Onus on Supreme Court to Avert Tumult”

February 5, 2024, 6:39 pmSupreme CourtRick Hasen

Greg Stohr for Bloomberg: A historic showdown over Donald Trump’s eligibility to reclaim the White House puts pressure on the US Supreme Court to provide a clear political road map as the nation braces for the prospect of a tumultuous… Continue reading

Richard Bernstein: “A Response to Professor Lederman on the Electors Clause Issue in the Trump Disqualification Case”

February 5, 2024, 10:31 amSupreme CourtRick Hasen

The following is a guest post from Richard Bernstein: The formidable Prof. Marty Lederman recently has argued that the Electors Clause does not apply to presidential primaries because primaries elect delegates rather than electors. This particular argument, however, is wrong.… Continue reading

Did the Colorado Secretary of State help revitalize the Moore v. Harper issue ahead of the Trump v. Anderson oral argument?

February 4, 2024, 5:15 amballot access, Supreme CourtDerek Muller

In my recent rundown of arguments raised in Trump v. Anderson, I noted that the Legislature Thereof Clause argument–that the state court in Colorado botched the interpretation of state law so badly that it mangled the legislature’s preferences (an open… Continue reading

Weiser & Wolf: “Responding to Trump’s Moore/Independent State Legislature Theory Claim in Trump v. Anderson”

January 31, 2024, 11:01 amballot access, election subversion risk, Supreme CourtRick Hasen

The following is a guest post from Wendy Weiser and Tom Wolf of the Brennan Center: At the end of his merits brief in Trump v. Anderson, Trump argues that the Colorado Supreme Court violated the federal Electors Clause when… Continue reading

“A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case”

January 31, 2024, 10:48 amballot access, Supreme CourtRick Hasen

Thoughtful Marty Lederman blog post, responding in part (and disagreeing with) the argument raised in the amicus brief I filed with Ned Foley and Ben Ginsberg in the case.

I Spoke with Chuck Todd on the Trump Disqualification Case, Why We Need a Right to Vote in the Constitution, and More

January 31, 2024, 7:43 amReal Right to Vote, Supreme CourtRick Hasen

Listen to the Chuck Toddcast episode at this link.

My New One at Slate: “Trump’s Lawyers Made Some Very Odd Strategic Choices in the Supreme Court Ballot Case”

January 29, 2024, 7:29 amSupreme CourtRick Hasen

I have written this piece for Slate. it begins: When the Supreme Court hears oral argument on Feb. 8 over Colorado’s decision to disqualify Donald Trump from appearing on the 2024 ballot on grounds that he engaged in insurrection and… Continue reading

Challengers File Brief on the Merits at Supreme Court in Trump Disqualification Case

January 26, 2024, 11:02 amSupreme CourtRick Hasen

You can find the brief here, which is very well done. I’ll have more to say about the briefing in a piece posting Monday.

“As Supreme Court weighs Trump’s eligibility, the ‘10th justice’ stays mum”

January 24, 2024, 5:46 pmSupreme CourtRick Hasen

Politico: As the Supreme Court prepares to hold arguments next month on Donald Trump’s eligibility to run for president, there’s one viewpoint it hasn’t heard: the Biden administration’s. In most high-stakes cases with serious implications for the federal government, the… Continue reading

“‘Officer of the United States’ in Context”

January 23, 2024, 10:19 amSupreme CourtRick Hasen

Smart Sam Bray at Volokh, which leaves me wondering why Trump’s lawyers devoted so much time and prime brief real estate to this argument: I have not been deep in the weeds of the arguments about Section 3 of the… Continue reading

Supreme Court Won’t Interfere in Michigan Case Finding that Its Independent Redistricting Commission Likely Engaged in Racial Gerrymanders in Drawing Legislative District Lines Around Detroit

January 22, 2024, 1:04 pmredistricting, Supreme CourtRick Hasen

Via Chris Geidner: And, this application out of Michigan — https://t.co/hS5GNOOWmm — was denied. There were no noted dissents. pic.twitter.com/MvOHHSgYq2— Chris “Law Dork” Geidner (@chrisgeidner) January 22, 2024 Here‘s the docket for the case. The Commission has… Continue reading

Trump Abandons Key Argument He Raised in His Cert Petition That the Question of Disqualification is a Nonjusticiable Political Question Reserved for Congress–Likely for a Political Reason

January 19, 2024, 5:42 amSupreme CourtRick Hasen

In his cert. petition in the disqualification case, Donald Trump argued: “Congress—not a state court—is the proper body to resolve questions concerning a presidential candidate’s eligibility….There is no similar commitment of questions concerning presidential eligibility tostate courts, particularly in the… Continue reading

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