Category Archives: Supreme Court

“Q&A: Is the independent state legislature theory dead? Not quite, expert says”

July 5, 2023, 7:53 amlegislation and legislatures, Supreme CourtRick Hasen

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

July 5, 2023, 7:40 amSupreme CourtRick Hasen

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”

July 5, 2023, 7:25 amSupreme Court, The Voting WarsRick Hasen

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”

July 3, 2023, 7:42 amlegislation and legislatures, Supreme Court, votingRick Hasen

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'”

June 30, 2023, 10:18 amlegislation and legislatures, Supreme CourtRick Hasen

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

June 30, 2023, 9:14 amlegislation and legislatures, Supreme CourtRick Hasen

Order list.

Breaking: Over the Dissents of Justices Jackson and Sotomayor, Supreme Court Will Not Review Mississippi Felon Disenfranchisement Law Adopted Long Ago with Discriminatory Purpose

June 30, 2023, 9:12 amfelon voting, Supreme CourtRick Hasen

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”

June 29, 2023, 3:35 pmelection administration, legislation and legislatures, Supreme CourtRick Hasen

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”

June 29, 2023, 2:30 pmlegislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

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”

June 29, 2023, 2:20 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

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

June 29, 2023, 8:11 amSupreme Court, Voting Rights ActRick Hasen

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

June 29, 2023, 7:28 amSupreme Court, Voting Rights ActRick Hasen

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

Expect Many More Lawsuits in Federal Court Against the Actions of State and Local Election Officials after Moore v. Harper

June 28, 2023, 5:51 pmelection administration, legislation and legislatures, Supreme Court, The Voting WarsRick Hasen

(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. Harper that creates something of a time bomb for litigation.) Expect many more… Continue reading

ELB Podcast 4:10: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

June 28, 2023, 5:15 pmELB Podcast, legislation and legislatures, Supreme Court, The Voting WarsRick Hasen

New ELB Podcast (the Season 4 Finale!): What are the implications of the Supreme Court’s decision in Moore v. Harper for American democracy? What will the case mean for 2024 election challenges? Does the decision shut down attempts to submit… Continue reading