Watch Archived Video of My Conversation with Patt Morrison on the Supreme Court’s Recent Election law Cases and More
Great to talk again as part of the America at a Crossroads series. Watch:
Category Archives: Supreme Court
“John Roberts’ Big Complaint About Elena Kagan Is Deeply Ironic”
I have written this piece at Slate. It begins:
At the end of his majority opinion for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading
“Q&A: Is the independent state legislature theory dead? Not quite, expert says”
Westlaw Today:
Election law expert Richard L. Hasen says the U.S. Supreme Court has adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases.
Hasen,… Continue reading
Lithwick & Stern: The Supreme Court’s Term Was Not a Win for Moderation
Essential Dahlia Lithwick and Mark Joseph Stern:
As the Supreme Court term crashed to a close last week, in a string of stinging defeats to progressives, a familiar narrative began shaping up in the public discourse: The court… Continue reading
“Voting rights advocates cheer unexpected Supreme Court election law wins”
I missed linking to this WaPo piece last week:
A Supreme Court term that began with dread among voting rights advocates that the justices could upend the rules governing elections is ending with relief and surprise that they have opted… Continue reading
Litman: “Anti-Novelty, the Independent State Legislature Theory in Moore v. Harper, and Protecting State Voting Rights”
As soon as I read Justice Kavanaugh’s concurring opinion in Moore v. Harper, I thought of Leah Litman‘s scholarship on novelty and how Kavanaugh’s proposed rule, if it becomes law, would deter the growth of state constitutional law protecting… Continue reading
Mike Parsons: “Moore v. Harper and the ‘Anti-Arrogation Principle'”
The following is a guest post from Mike Parsons, Senior Counsel at ERN and Principal at Parsons Law PLLC:
In this post, I offer some comments on what Moore v. Harper definitively resolved; why it’s time to move beyond… Continue reading
Breaking: Supreme Court Sends Back Congressional Redistricting Decision to Ohio Supreme Court for Further Consideration in Light of Moore v. Harper
Breaking: Over the Dissents of Justices Jackson and Sotomayor, Supreme Court Will Not Review Mississippi Felon Disenfranchisement Law Adopted Long Ago with Discriminatory Purpose
From today’s final order list of the term, this dissent from Justice Jackson from a cert denial in Harness v. Watson:
The President of the 1890 Mississippi Constitutional Convention said it plain: “Let us tell the truth if it bursts… Continue reading
Rob Yablon: “Moore v. Harper and the Purcell Principle”
The following is a guest post from Rob Yablon:
Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading
Carolyn Shapiro: “Moore v. Harper and state courts”
The following is a guest post from Carolyn Shapiro:
As others have already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading
Watch Archived Video of the Safeguarding Democracy Project Flash Webinar: “U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision”
This was a great conversation that I moderated with Carolyn Shapiro, Bertrall Ross, Rick Pildes, and Derek Muller. You can watch here:
Little Discussion of the Voting Rights Act and Racial Gerrymandering Claims in Today’s Affirmative Action in Education Ruling
Chief Justice Roberts’ majority opinion in Students for Fair Admissions makes a fleeting reference to the Voting Rights Act and cites some racial gerrymandering cases (including Shaw v. Reno and Miller v. Johnson) for certain propositions about considerations of race… Continue reading
Roberts’ Majority Opinion Preserving the Status Quo in Alabama Voting Rights Act Case Must Be Seen in Light of His Killing of Affirmative Action in Education in Today’s Students for Fair Admissions Case
A few weeks ago, after the Supreme Court preserved the (weak) status quo for Section 2 of the Voting Rights Act in Allen v. Milligan, I wrote in the NY Times:
The big mystery is why Chief Justice… Continue reading