Category Archives: Supreme Court

“Why the campaign to pressure Republicans to confirm Merrick Garland is failing”

March 24, 2016, 4:36 pmpolitical polarization, Supreme CourtRick Hasen

WaPo on the nub of the problem of targeting red Senators in blue/purple states: Despite Democratic organizing efforts, right-leaning activists care more about the Supreme Court vacancy right now than liberals do. In the current climate, most conservatives – even… Continue reading

“Judicial Perceptions of Electoral Psychology and the Deep Patterns of Campaign Finance Law”

March 24, 2016, 2:31 pmcampaign finance, Supreme CourtRick Hasen

Jacob Eisler has posted this draft on SSRN (forthcoming, Connecticut Law Review). Here is the abstract: Why has American campaign finance law long suffered from doctrinal confusion and sparked bitter ideological conflict? This article demonstrates that these attributes are rooted… Continue reading

My Thoughts on AZ Long Lines: Incompetence, Not Vote Suppression, and Blame #SCOTUS First

March 24, 2016, 8:38 amelection administration, Supreme Court, The Voting WarsRick Hasen

The other day, while voting was taking place in AZ, I had a post entitled Would Long Lines at AZ Polling Places Have Happened if #SCOTUS Hadn’t Killed Voting Rights Act Provision? My point was that Maricopa County’s decision to… Continue reading

Super Nerdy #SCOTUS Question for Appellate Gurus

March 24, 2016, 8:19 amSupreme CourtRick Hasen

When the Supreme Court divides 4-4 in a case coming up on a cert. petition, we know that means the lower court ruling stands and that there is no precedential value to that decision( i.e., it does not mean the… Continue reading

Drip, Drip, Drip Dept

March 24, 2016, 7:33 amSupreme CourtRick Hasen

Philly.com: In a shift, Pennsylvania Sen. Pat Toomey said Wednesday he will meet with Supreme Court nominee Merrick Garland, but still insisted that the high court vacancy should not be filled until after November’s election. “President Obama’s team has… Continue reading

“NEW POLL: Nearly Half of Voters See SCOTUS Vacancy As Among Most Important 2016 Issues”

March 24, 2016, 7:30 amSupreme CourtRick Hasen

Fix the Court release.

“Wittman v. Personhuballah – A Standing-Only Recap”

March 23, 2016, 6:59 amredistricting, Supreme CourtRick Hasen

Smart thoughts from Asher Steinberg.

Montana Files #SCOTUS Opposition in Emergency Open Primary Case

March 22, 2016, 8:44 pmpolitical parties, primaries, Supreme CourtRick Hasen

Find it at Ballot Access News.

“Election Law’s Path in the Roberts Court’s First Decade: A Sharp Right Turn but with Speed Bumps and Surprising Twists”

March 22, 2016, 8:41 pmcampaign finance, election administration, redistricting, Supreme Court, The Voting Wars, Voting Rights ActRick Hasen

I have posted a revised version of this paper (forthcoming, Stanford Law Review) to take into account the death of Justice Scalia. Here is the revised abstract: This Essay describes the path of election law jurisprudence in the Roberts Court… Continue reading

“New Reality Looms: Only a Friendly Senate Will Confirm Justices”

March 22, 2016, 7:44 ampolitical polarization, Supreme CourtRick Hasen

Carl Hulse for the NYT: The bitter impasse over the nomination of Judge Merrick B. Garland is raising a once unthinkable possibility: Presidents may no longer be confident of filling a Supreme Court vacancy unless their party controls the Senate.… Continue reading

“Why President Obama Has the Constitutional Power to Appoint—and Not Just Nominate—a Replacement for Justice Scalia”

March 22, 2016, 7:33 amSupreme CourtRick Hasen

Rob Kar and Jason Mazzone have posted this draft on SSRN. Here is the abstract: After Justice Antonin Scalia’s recent death, politicians wasted no time before teeing up a political battle over his replacement. Republican Senators—led by Senate Majority Leader… Continue reading

“A Pivotal Moment for Election Law”

March 21, 2016, 8:54 pmSupreme CourtRick Hasen

Josh Douglas has posted this draft on SSRN. Here is the abstract: In this Forward to the Kentucky Law Journal Symposium Issue on Election Law, I chronicle the importance of Justice Scalia’s death to election law jurisprudence and explain how… Continue reading

More on the #SCOTUS Oral Argument in Virginia Congressional Redistricting Case

March 21, 2016, 8:49 pmredistricting, Supreme CourtRick Hasen

I have now had a chance to review the transcript in Wittman v. Personhuballah, and I agree with other commentators that it seems very likely that the Republican intervenors is likely to fail. It appears that the four Court… Continue reading

Supreme Court Likely to Affirm Racial Gerrymandering Finding in VA Redistricting Case

March 21, 2016, 10:17 amredistricting, Supreme CourtRick Hasen

WaPo: The Supreme Court on Monday seemed likely to leave in place a lower court’s decision that Virginia improperly considered race when drawing congressional districts. Operating without the late Justice Antonin Scalia, it would require only four members of the… Continue reading