Category Archives: Supreme Court

“How the Supreme Court Could Affect Voting Rules on Election Day”

September 22, 2020, 7:16 amSupreme CourtRick Hasen

NYT: A Texas lawsuit over the mailing of absentee ballots to everyone over 65 but no one else. A Nevada case on whether to count mail ballots that lack postmarks. A Florida lawsuit over the right of former felons to… Continue reading

Trump Campaign Appears Ready to Petition SCOTUS on Pennsylvania Supreme Court Postmark Ruling in First Post-RBG Election Case

September 21, 2020, 10:03 pmSupreme CourtRick Hasen

This development reported by Democratic lawyer Marc Elias is in line with my theory that PA is one of the two states to watch in terms of pre- and post-election litigation by the Trump campaign. Here’s how the Philly… Continue reading

“Can Congress Salvage RBG’s Voting Rights Legacy?”

September 21, 2020, 12:13 pmSupreme Court, Voting Rights ActRick Hasen

I have written this piece for Slate. It begins: Justice Ruth Bader Ginsburg was an unparalleled champion of voting rights. One of her most famous dissents in a voting case came in Shelby County v. Holder, the 2013 Supreme… Continue reading

The Chances of a 4-4 Supreme Court Split on Election Issues is Not a Reason to Rush a Supreme Court Confirmation; It’s a Reason to Wait to Confirm a Justice

September 21, 2020, 8:20 amSupreme CourtRick Hasen

Within minutes of the announcement of Justice Ginsburg’s death, we started seeing the argument advanced that a Supreme Court confirmation needs to be rushed so that a Justice is in place before the election, so as to break a potential… Continue reading

“Democrats See a Glimmer of Hope Over Supreme Court Fight in Arizona’s Senate Race”

September 20, 2020, 9:18 pmSupreme CourtRick Hasen

NYT: Democrats have almost no power to stop a pre-election vote on President Trump’s nominee to replace Justice Ruth Bader Ginsburg on the Supreme Court, but they see a glimmer of hope in a bank-shot scenario if they capture a… Continue reading

“Supreme Court is shorthanded but could play role in election”

September 20, 2020, 8:51 pmSupreme CourtRick Hasen

Richard Wolf reports for USA Today.

Your Two Must-Reads About Justice Ginsburg’s Life as a Justice: Nina Totenberg and Joan Biskupic

September 20, 2020, 7:42 pmSupreme CourtRick Hasen

Nina Totenberg: A 5-Decade-Long Friendship That Began With A Phone Call Joan Biskupic: 20 years of closed-door conversations with Ruth Bader Ginsburg

“Introducing the 2020 Election Litigation Tracker”

September 14, 2020, 6:12 pmSupreme CourtRick Hasen

Exciting announcement: Twenty years ago this fall, a hotly contested presidential election led to 36 days of legal turmoil that culminated with the Supreme Court’s ruling in Bush v. Gore. This year, as America prepares to vote during the… Continue reading

Breaking: Justice Kagan Denies Another Supreme Court Petition to Put Green Party on the Ballot in Montana

September 14, 2020, 4:02 pmballot access, Supreme CourtRick Hasen

The case is Davis v. Stapleton. Justice Kagan did not ask for a response on this one. This is the second Green Party case from Montana denied by Justice Kagan.

Chemerinsky in ABA Journal on the Purcell Principle Applied in SCOTUS Covid-Related Election Cases

September 4, 2020, 7:18 amelection administration, Supreme CourtRick Hasen

Read it here.

“‘Cases and Controversies’ Podcast: The 2020 Election”

August 28, 2020, 5:33 pmElection Meltdown, Supreme CourtRick Hasen

I spoke with Bloomberg Law’s Kimberly Robinson and Jordan Rubin: Challenges to election laws have poured into the Supreme Court and more are likely as the 2020 campaign season really heats up after Labor Day.Election law expert Rick Hasen,… Continue reading

Joan Biskupic: “Trump revives Bush v. Gore in his crusade against mail-in voting”

August 24, 2020, 10:17 amBush v. Gore reflections, Supreme Court, The Voting WarsRick Hasen

Reporting at CNN.

Supreme Court, Over 3 Noted Dissents, Won’t Overturn Rhode Island Consent Decree Easing Absentee Ballot Requirements During the Pandemic

August 13, 2020, 9:32 amabsentee ballots, Supreme CourtRick Hasen

Rhode Island loosened its witness and notary requirements for voting by mail as part of a consent decree in response to a lawsuit against the requirements during the pandemic. The RNC objected. Today the Supreme Court, over the dissents of… Continue reading

Republican National Committee Goes to Supreme Court to Try to Overturn Consent Decree Making It Easier to Vote by Mail in Rhode Island During Pandemic

August 10, 2020, 2:28 pmabsentee ballots, election administration, Supreme Court, The Voting WarsRick Hasen

Expect quick action in this case given the upcoming deadlines.

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