Category Archives: Supreme Court

“Opinion: More evidence the Supreme Court is hostile to the Voting Rights Act”

February 9, 2022, 7:08 amSupreme Court, Voting Rights ActRick Hasen

Jennifer Rubin WaPo column: It is hard to come to any other conclusion with this Supreme Court, after it destroyed Section 5 of the Voting Rights Act and crafted an entirely new set of rules for the VRA’s Section… Continue reading

“The Supreme Court Has Crossed the Rubicon”

February 9, 2022, 7:04 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Linda Greenhouse NYT column: You know the Rubicon has been crossed when the Supreme Court issues a conservative voting rights order so at odds with settled precedent and without any sense of the moment that Chief Justice John Roberts feels… Continue reading

Watch Video of Laura Coates Interview Derrick Johnson and Me at CNN on Supreme Court’s Stay in Alabama Voting Rights Redistricting Case

February 8, 2022, 8:35 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

Watch here:

“The grim fate of the Voting Rights Act in the hands of the Supreme Court”

February 8, 2022, 4:50 pmSupreme Court, Voting Rights ActRick Hasen

Nick Stephanopoulos WaPo oped: Will anything be left of the Voting Rights Act after the Supreme Court finishes with it? It’s looking pretty grim. In 2013, the Supreme Court dismantled the part of the law that required states… Continue reading

“The Supreme Court may completely hollow out the Voting Rights Act by 2024”

February 8, 2022, 2:04 pmSupreme Court, Voting Rights ActRick Hasen

Joan Biskupic CNN analysis.

Breaking and Analysis: Supreme Court on 5-4 Vote Stays District Court Order Requiring Alabama to Draw Second Black Majority District, and the Signs for the Voting Rights Act are Ominous

February 7, 2022, 3:38 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

The Supreme Court issued a stay in the Alabama congressional Voting Rights Act case I wrote about last week and set the case (actually two related cases) for argument. This is bad news in the short run and likely worse… Continue reading

Could North Carolina Go to the Supreme Court, Arguing that the North Carolina Supreme Court in Requiring Redrawing of Congressional Districts Usurped North Carolina General Assembly’s Power?

February 4, 2022, 3:47 pmredistricting, Supreme CourtRick Hasen

From my tweet thread: Maybe this is crazy, but I could see Republicans appealing to SCOTUS, arguing that the state court ruling usurped the power of the state legislature to set the rules for congressional elections in Art. 1… Continue reading

Alabama, in Its Stay Application Before the Supreme Court, Asks the Conservative Court to Cut Back the Scope of Voting Rights Act in Redistricting Cases, With Potentially Major Voting Rights Implications

February 3, 2022, 1:43 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

I have now had a chance to review Alabama’s request for stays in 2 related cases (21A375 and 21A376). This post is going to get wonky and technical, so let me begin with the bottom line: if and… Continue reading

Breaking: Alabama Seeks Supreme Court Order Blocking Requirement for State to Create Second Black Majority Congressional District, Queueing Up First Major Test of Voting Rights Act in New Decade of Redistricting

January 28, 2022, 1:38 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

You can find the application at this link. The Supreme Court is likely to first grant a brief administrative stay while it decides what to do on the stay application. It would not be surprising to see the Court set… Continue reading

Justice Breyer’s Most Significant Election Law Opinion

January 26, 2022, 10:40 amcampaign finance, Supreme CourtRick Hasen

With Justice Stephen Breyer’s upcoming retirement from the Supreme Court, it seems appropriate to offer some words about his legacy in the area of election law. Here is an initial post, and I suspect other ELB contributors will weigh in.… Continue reading

“Supreme Court Seems Ready to Back Ted Cruz in Campaign Finance Case”

January 20, 2022, 10:08 amcampaign finance, Supreme CourtRick Hasen

Adam Liptak for the NYT: The Supreme Court seemed ready on Wednesday to side with a challenge to a federal campaign finance law brought by Senator Ted Cruz, Republican of Texas, in what would be the latest in a… Continue reading

“Convicted former top KY Democrat makes a case for U.S. Supreme Court consideration”

December 30, 2021, 11:49 amcampaign finance, Supreme CourtRick Hasen

Kentucky.com: A month after he reported to prison, prominent Kentucky businessman and former Kentucky Democratic Party chief Jerry Lundergan has asked the U.S. Supreme Court to consider overturning his conviction for illegally funneling $200,000 to his daughter’s political… Continue reading

A Worrisome Run to Get the Supreme Court to Overturn the Ban on Corporate Campaign Contributions to Candidates, This One from a Leading Supreme Court Litigator Involving the Father of a Former Ky Democratic Secretary of State

December 28, 2021, 4:23 pmcampaign finance, Supreme CourtRick Hasen

The Supreme Court upheld the constitutionality of the ban on corporate contribution limits in the 2003 case, FEC v. Beaumont. And in Buckley v. Valeo, the Supreme Court noted that there is still a risk of corruption when contributions are… Continue reading

Election Law & Executive Privilege

December 23, 2021, 4:23 pmelection subversion risk, Supreme CourtNed Foley

Now that Trump’s claim of executive privilege regarding January 6 is at SCOTUS, should the election law community deliberate, and weigh in at all, about the relationship between an incumbent president’s claim of confidentiality with respect to official matters and… Continue reading