Category Archives: Supreme Court

“There is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory”

October 3, 2022, 2:44 pmlegislation and legislatures, Supreme Court, theory, UncategorizedFranita Tolson

Must read article by Judge Luttig in The Atlantic on the independent state legislature theory. Judge Luttig argues that there is nothing in the text or structure of the Constitution that insulates the decisions of state legislatures, regarding the times,… Continue reading

Supreme Court declines to hear Pennsylvania Redistricting Case raising ISL theory

October 3, 2022, 11:42 amredistricting, Supreme Court, UncategorizedFranita Tolson

The U.S. Supreme Court has declined to hear Costello v. Carter, which involved a challenge to Pennsylvania’s court approved congressional map. The Pennsylvania Supreme Court adopted the map after a deadlock between the Republican legislature and the Democratic governor. Notably,… Continue reading

Watch Archived Video of My Interview with Joan Biskupic, Adam Liptak, and Dahlia Lithwick on “The United States Supreme Court and American Democracy”

September 22, 2022, 9:35 amelection subversion risk, Supreme CourtRick Hasen

Here is the video of a deeply provocative conversation among some of the best journalists covering the Supreme Court, recorded September 21 for the Safeguarding Democracy Project fall webinar series:

“John Roberts’s Long Game; Is This the End of the Voting Rights Act?”

September 20, 2022, 1:51 pmSupreme Court, Voting Rights ActRick Hasen

Linda Greenhouse in The Atlantic: Back in February, in a 5–4 vote, the Court’s conservative majority temporarily blocked the district court’s order; the majority didn’t even deign to issue an opinion explaining its reasoning. The justices’ audacious move freed Alabama… Continue reading

“A landmark Supreme Court fight over social media now looks likely”

September 20, 2022, 7:44 amcheap speech, Supreme CourtRick Hasen

WaPo: Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark Supreme Court decision on whether the First Amendment protects Big Tech’s editorial discretion or forbids its censorship of unpopular views.The stakes are high… Continue reading

ELB Podcast, Season 4, Episode 2: Moore v. Harper and Potential Threats to American Democracy

September 18, 2022, 5:43 amELB Podcast, legislation and legislatures, Supreme CourtRick Hasen

New ELB Podcast: What is the “independent state legislature theory,” and does a potential Supreme Court embrace threaten American democracy?Will use of the doctrine raise the risk of election subversion or stolen elections?How far could the theory go in… Continue reading

My New Article Posted on SSRN: “Election Reform: Past, Present, and Future”

September 13, 2022, 3:51 pmdirect democracy, legislation and legislatures, Supreme Court, theory, voting, Voting Rights ActRick Hasen

I have posted on SSRN a draft of this encyclopedia article, forthcoming in the Oxford Handbook of American Election Law (Eugene Mazo, editor, forthcoming 2023). Here is the abstract: This Chapter considers what election “reform” is and why many Americans… Continue reading

My Appearance on PBS News Hour Weekend: “How the outcome of Moore v. Harper could impact federal elections” (With a Discussion of the Role of Leonard Leo and the “Honest Elections Project”)

September 11, 2022, 8:06 pmSupreme CourtRick Hasen

You can watch the segment at this link. A snippet: Some of the same GOP activists who pushed the Supreme Court to the right are now aiming to give state legislatures near-unchecked power over district lines and voting restrictions.… Continue reading

Missouri Files Bonkers Amicus Brief in Moore v. Harper Case Arguing That Not Even Congress Can Limit a State Legislature’s Partisan Gerrymandering

September 6, 2022, 8:53 pmredistricting, Supreme CourtRick Hasen

The main dispute in Moore v. Harper, currently pending before the Supreme Court, is whether state legislatures may be constrained by other state actors (such as state courts applying state constitutional provisions protecting voting rights) when they pass rules… Continue reading

Important Amicus Brief in Moore v. Harper Case Filed by Conference of Supreme Court Justices

September 6, 2022, 6:00 pmlegislation and legislatures, Supreme CourtRick Hasen

This brief is well done (Carter Phillips/Evan Caminker) but also important in that it represents the views of Chief Justices of states from across the political spectrum. Tom Wolf tweet thread explains the brief’s significance. From the Brief’s summary of… Continue reading

Watch Archived Video of My Appearance on CNN Talking About Ginni Thomas, Justice Thomas, January 6 and the Supreme Court

September 4, 2022, 2:50 pmchicanery, election subversion risk, fraudulent fraud squad, Supreme CourtRick Hasen

You can watch it here:

“Losing Legitimacy? Institutional Legitimacy Under Stress”

September 1, 2022, 3:42 pmSupreme CourtRick Hasen

Jim Gibson has posted this draft on SSRN. Here is the abstract: In its ruling abrogating a federal constitutional right to abortion services, the U.S. Supreme Court set off a firestorm of criticism unrivaled in recent times. Indeed, the Dobbs… Continue reading

Follow-Up Written Answers for Senate Judiciary Committee on Voting Rights after Brnovich and Shelby County

August 30, 2022, 11:38 amlegislation and legislatures, Supreme Court, Voting Rights ActRick Hasen

Last July, I testified at a Senate Committee on the Judiciary, Subcommittee on The Constitution, hearing entitled “Restoring the Voting Rights Act after Brnovich and Shelby County.” Two Senators had follow-up questions, and I have now posted the questions and… Continue reading

Petitioners File Their Opening Supreme Court Brief on the Merits in Moore v. Harper, the Independent State Legislature Case

August 30, 2022, 7:38 amlegislation and legislatures, Supreme CourtRick Hasen

You can read the brief here.

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