Category Archives: Supreme Court
“Sen. Mitch McConnell has made it his personal mission to keep the dark money spigot open; The GOP’s hypocrisy on donor transparency has been on full display since President Biden announced Ketanji Brown Jackson as his Supreme Court justice nominee.”
Brendan Fischer NBC News oped.
“Justice Thomas Ruled on Election Cases. Should His Wife’s Texts Have Stopped Him?”
Adam Liptak explores in the New York Times:
The disclosure that Virginia Thomas, the wife of Justice Clarence Thomas, had sent a barrage of text messages to the Trump White House urging efforts to overturn the 2020 election brought… Continue reading
Breaking: Supreme Court, in Bizarre Unsigned Opinion, Strikes Wisconsin Legislative Maps on Voting Rights Grounds, Signalling New Hostility to the Voting Rights Act
In a per curiam (unsigned) opinion on the shadow docket, over the dissent of Justices Kagan and Sotomayor, the Supreme Court has rejected a redistricting plan that a divided Wisconsin Supreme Court had adopted for drawing state assembly and senate… Continue reading
Supreme Court oral argument today on whether state legislators can intervene in North Carolina voter ID dispute
Following up on earlier ELB coverage (here and here), the SCOTUSblog page is here. Oral argument takes place today around 11 am ET. The questions presented are procedural issues, but they are the kind that keep cropping… Continue reading
“GOP Dark Money Criticisms in Supreme Court Fight Mirror Democrats”
Bloomberg Law:
Sen. Sheldon Whitehouse (D-R.I.) brought poster boards to Justice Amy Coney Barrett’s 2020 confirmation hearing highlighting the interconnections among conservative groups like the Judicial Crisis Network and the Federalist Society.Now, Republicans have a chance to turn… Continue reading
“Short-Term SCOTUS Win for Democrats, Long Term Worry”
I spoke to Bloomberg Radio’s June Grasso about the independent state legislature theory and SCOTUS.
Wisconsin Republican Members of Congress File Emergency Supreme Court Petition to Block New Wisconsin Congressional Districts Ordered by State Supreme Court (Link to Petition)
The petition raises due process and one person, one vote arguments, so different than other recent challenges to congressional districting done by state supreme courts and challenged at SCOTUS.
My New One in Slate Tied to Release of “Cheap Speech:” “How Supreme Court Radicalism Could Threaten Democracy Itself”
In connection with today’s release of my Cheap Speech book, and following up on my NY Times opinion piece yesterday. I have written this piece for Slate. It begins:
In the last six years, confidence in our fragile… Continue reading
Today’s Supreme Court Order Upholding the North Carolina Supreme Court’s Ungerrymandering of the State’s Congressional Districts, Could Well Be Temporary and Points to Big, Bad Election Law Precedent Potentially Coming Down the Line
Rick Pildes already flagged today’s Supreme Court order in the North Carolina partisan gerrymandering case. And I agree with his bottom line conclusion that the Court is almost certain to take this case, when it comes up in the regular… Continue reading
My New One in the NY Times: “How to Keep the Rising Tide of Fake News From Drowning Our Democracy”
I have written this guest essay for the NY Times, tied to the release of my Cheap Speech book tomorrow. It begins:
The same information revolution that brought us Netflix, podcasts and the knowledge of the world in our smartphone-gripping… Continue reading
Read Wisconsin’s Emergency Supreme Court Petition Seeking to Overturn Redistricting Maps Approved by State Supreme Court
The claim in this petition relates to the Voting Rights Act and racial gerrymandering claims.
“Wisconsin Republicans to appeal redistricting case to U.S. Supreme Court”
Milwaukee Journal Sentinel:
A day after losing before Wisconsin’s high court, Republicans detailed plans Friday to take their redistricting fight to the U.S. Supreme Court. Republicans asked the Wisconsin Supreme Court on Friday to block the ruling it issued … Continue reading
“Republicans Want Courts Out of Election Cases”
Jost on Justice:
When the Supreme Court closed federal courthouse doors to partisan gerrymandering cases three years ago, Chief Justice Roberts stressed in Rucho v. Common Cause (2019) that states still had the authority to devise remedies for politically… Continue reading