Category Archives: Supreme Court

Foley, Morley, Muller and I Agree: No Promising Path for Trump to Reverse Election Results at Supreme Court (Nina Totenberg Story)

November 7, 2020, 11:12 amSupreme CourtRick Hasen

Nina Totenberg at NPR: “Unless something new happens, I don’t see a viable path for Trump to litigate his way out of an Electoral College loss,” says election law expert Richard Hasen, of the University of California, Irvine.Florida State… Continue reading

PA Democrats Tell Supreme Court That Those Late Arriving Ballots Will Have to Be Counted—At Least in State Races

November 7, 2020, 8:07 amSupreme CourtRick Hasen

Important to note that the presidency is not the only thing on the line in the dispute over late arriving mailed ballots in Pennsylvania. From the Democrats’ brief: the ballots contain votes for state races that are not implicated… Continue reading

Breaking: Justice Alito Issues Order Requiring That All Pennsylvania Counties Segregate (and Potentially Separately Count) Ballots Received After Polling Deadline

November 6, 2020, 4:52 pmSupreme CourtRick Hasen

You can find the order directed to county election boards here. The order follows the PA GOP telling Justice Alito that not all counties had indicated that they would follow the guidance as well as tweaks that the PA… Continue reading

“Pennsylvania GOP asks Supreme Court to stop Pennsylvania from counting votes received after November 3”

November 6, 2020, 2:15 pmSupreme CourtRick Hasen

Ariane de Vogue: Lawyers for Pennsylvania Republicans are asking the US Supreme Court to order the state to not take any action on any mail-in ballots received after Election Day, November 3.The Pennsylvania secretary of state has already ordered any… Continue reading

Trump Campaign Says It Will Seek Recount in Wisconsin, Sues in Michigan to Temporarily Stop Counting, Stages Brooks Brother Type Event, and Intervenes in PA Case: What It All Means

November 4, 2020, 1:22 pmfraudulent fraud squad, Supreme CourtRick Hasen

There have been a number of developments since I posted this morning, Can Donald Trump Litigate His Way to Victory via the Supreme Court? Not Likely After networks called Wisconsin for Biden with about a 20,000 vote lead and counting… Continue reading

“Trump wants the courts to stop the counting. He’s going to be disappointed.”

November 4, 2020, 1:04 pmSupreme CourtRick Hasen

Ned Foley WaPo oped: President Trump can rail as much as he likes, but he can’t stop the counting of valid votes. And while he is threatening to race to the Supreme Court to overturn any result against him, that,… Continue reading

“Why Bush v. Gore Still Matters in 2020”

November 3, 2020, 7:36 amBush v. Gore reflections, Supreme CourtRick Hasen

ProPublica reports.

Still Not Normal and Deeply Disturbing: President Trump Falsely States That Supreme Court Ruling on Pennsylvania Ballots Will Lead to Cheating and “will also induce violence in the streets”

November 2, 2020, 6:40 pmcheap speech, fraudulent fraud squad, Supreme CourtRick Hasen

Hidden behind a Twitter warning that “Some or all of the content shared in this Tweet is disputed and might be misleading about an election or other civic process,” President Trump tweeted the following: The Supreme Court decision on… Continue reading

“Has the Court Learned Nothing From Bush v. Gore? Apparently Not”

November 2, 2020, 8:00 amBush v. Gore reflections, Supreme CourtRick Hasen

David Kaplan NYT oped.

“Court Poised to Decide Presidential Election?”

November 1, 2020, 10:50 amSupreme CourtRick Hasen

New Jost on Justice.

“Conservative Supreme Court justices are threatening a post-election coup”

November 1, 2020, 10:27 amSupreme CourtRick Hasen

Larry Tribe and Steve Mazie Boston Globe oped.

Minnesota Won’t Go to Supreme Court for Now on Later-Arriving Ballots

October 30, 2020, 4:19 pmSupreme CourtRick Hasen

So reports Ariane de Vogue. Just in out of Minnesota: “In consultation with the Minnesota Attorney General’s Office, we have decided not to seek a stay of the 8th Circuit decision at the US Supreme Court. We disagree with the… Continue reading

Justice Kavanaugh Rejects Supreme Court Petition That Complained About Wisconsin Election Officials Accepting Private Funds to Offset the Cost of Running Elections During a Pandemic

October 30, 2020, 11:52 amSupreme CourtRick Hasen

He did not refer it to the full Court.

The list of COVID-19 election cases hits 325

October 30, 2020, 9:21 amcourt decisions, election administration, election law and constitutional law, Supreme Court, The Voting WarsJustin Levitt

Justin here. I’m tracking the litigation over election issues related to COVID-19 … and the list of cases just hit 325. (The Stanford-MIT Healthy Elections Project also has a really useful sortable database of these cases, with more info.… Continue reading