Category Archives: Supreme Court

“McConnell, Republican lawmakers sign Supreme Court brief that supports Trump remaining on 2024 ballot”

January 18, 2024, 1:38 pmelection subversion risk, Supreme CourtRick Hasen

WaPo: Nearly 180 congressional Republicans signed onto an amicus brief to the U.S. Supreme Court in support of Donald Trump’s legal battle to remain on the primary election ballot in Colorado. The long list of signatories to the brief includes… Continue reading

“The ‘Sleeping Giant’ Case that Could Upend Jack Smith’s Prosecution of Trump”

January 18, 2024, 1:22 pmelection subversion risk, Supreme CourtRick Hasen

Kimberly Wehle in Politico: There’s been a lot of attention paid to the Supreme Court’s upcoming decision on Donald Trump’s claim of immunity from prosecution for actions taken while president, a judgment that will have big implications for the 2024… Continue reading

Ned Foley-Ben Ginsberg-Rick Hasen Amicus Brief Warns SCOTUS of Political Instability, Potential Violence, and Voter Disenfranchisement If It Avoids Deciding Merits in Trump Disqualification Case

January 18, 2024, 11:30 ampolitical polarization, Supreme CourtRick Hasen

Thanks to the excellent work of Michael Kimberly and Charles Seidell of the McDermott Firm, Ned Foley, Ben Ginsberg and I have filed this amicus brief supporting neither party in the Trump disqualification case at the Supreme Court. Below is… Continue reading

“Historians Council on the Constitution”

January 17, 2024, 7:32 amSupreme CourtRick Hasen

Smart idea and very impressive lineup of historians: In recent years, the U.S. Supreme Court has repeatedly relied on history to decide major questions of constitutional law. But the Court’s historical accounts are often deeply flawed, departing significantly from historians’… Continue reading

My New Piece in the NY Times: “The U.S. Lacks What Every Democracy Needs”

January 16, 2024, 7:58 amReal Right to Vote, Supreme Court, voting, Voting Rights ActRick Hasen

I have written this guest essay (free gift link) for the NY Times (adapted from my upcoming book, A Real Right to Vote). It begins: The history of voting in the United States shows the high costs of living… Continue reading

ELB Podcast 5:5: Steve Vladeck: Trump, the Supreme Court and the Shadow Docket

January 9, 2024, 2:24 pmELB Podcast, election subversion risk, Supreme CourtRick Hasen

New ELB Podcast: What are the costs for democracy when the Supreme Court decides cases on the “shadow docket?” Is the Purcell Principle a license for states to act illegally in running elections? What is going to happen with the… Continue reading

“5 ways the Supreme Court may try to defuse its newest Trump bomb”

January 9, 2024, 7:33 amSupreme CourtRick Hasen

Josh Gerstein at Politico: After years of dodging Donald Trump-related questions, the Supreme Court is now facing the most consequential one of all: Is he an insurrectionist who is barred by the 14th Amendment from running for president? Directly… Continue reading

“The Supreme Court’s Election Dilemma”

January 7, 2024, 11:19 amelection subversion risk, Supreme CourtRick Hasen

Jeff Rosen in the WSJ Saturday Essay: (Corrected link) The Supreme Court, too, might decide that removing Trump from the ballot in some states but not others risks chaos. The dilemma facing the conservative majority is that in the past… Continue reading

I Spoke to Harry Litman on the Talking Feds Podcast About the Trump Colorado Disqualification Case at SCOTUS

January 7, 2024, 11:16 amSupreme CourtRick Hasen

You can watch here.

Watch Video of My Appearance with Anderson Cooper on CNN Discussing Supreme Court Taking Trump Disqualification Case

January 5, 2024, 5:48 pmSupreme CourtRick Hasen

You can watch the video at this link.

Watch Video of My Appearance with Ari Melber on MSNBC Discussing Supreme Court Taking Trump Disqualification Case

January 5, 2024, 5:46 pmSupreme CourtRick Hasen

You can watch at this link.

Breaking: Supreme Court Will Hear Trump’s Challenge to Disqualification in Colorado on Expedited Schedule; Oral Argument Feb. 8: What It Means

January 5, 2024, 2:10 pmSupreme CourtRick Hasen

You can find the Court’s order granting cert. and expediting the case at this link. The cert. grant and expediting of time was expected, given the national importance of this issue and in particular of removing a major candidate from… Continue reading

Must-Read Sam Issacharoff: “Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment”

January 5, 2024, 8:21 amelection subversion risk, Supreme CourtRick Hasen

Sam, at Just Security: The moves to disqualify former President Donald Trump in Colorado and Maine will doubtless force the Supreme Court to confront the obscure Section 3 of the 14th Amendment. In his petition for certiorari, and in… Continue reading

Donald Trump’s Cert. Petition to U.S. Supreme Court in Colorado Disqualification Case Raises Serious Issues that Merit Immediate Supreme Court Review; His Political Question Argument Risks Instability

January 3, 2024, 2:41 pmballot access, Supreme CourtRick Hasen

Donald Trump’s just-filed cert. petition in the United States Supreme Court, like the earlier-filed cert. petition from the Colorado Republican Party, raises serious issues of profound national importance that merit extraordinarily expedited review by the United States Supreme Court. This… Continue reading