“Argument preview: Virginia racial gerrymandering case returns to Supreme Court”
Very readable Amy Howe preview at SCOTUSBlog of Bethune Hill II.
Category Archives: Supreme Court
DOJ Files Brief in SCOTUS Census Case
Here’s the Government’s brief in the SCOTUS case over the inclusion of a citizenship question in the decennial enumeration.
I expected the arguments about speculative standing, about the deferential APA review, and about the degree of discretion ostensibly committed to… Continue reading
“Ahead of court ruling, Census Bureau seeks citizenship data”
The AP has more on the latest at the Census Bureau.
I think this is an effort to gather the administrative data that Census employees said would be more effective at assessing statistical citizenship rates, with fewer downsides for public… Continue reading
“Second Judge Blocks Trump Administration’s Census Citizenship Question Plans”
Big
(and voluminous) news from California: in a 126-page
opinion, Judge Seeborg has enjoined the inclusion of a question regarding
citizenship on the 2020 census.
The decision follows on Judge Furman’s opinion out of New
York, but is more… Continue reading
“Precedent, Meet Clarence Thomas. You May Not Get Along”
Adam Liptak:
According to data gathered by Stephen L. Wasby, an emeritus professor of political science at the University at Albany, Justice Thomas has written more than 250 concurring or dissenting opinions seriously questioning precedents, calling for their… Continue reading
According to New Book on Justice O’Connor, J. Scalia Thought Equal Protection Rationale of Bush v. Gore Was “as We Say in Brooklyn, a Piece of Shit”
New book is “First” by Evan Thomas and here’s the excerpt, courtesy of Mike Sacks:
Some behind the scenes detail of Bush v Gore: -O’Connor backfired her bestie Breyer’s bid for Kennedy’s vote -Scalia went along with what he thought… Continue reading
“US Supreme Court Won’t Take Challenge To Montana Campaign Finance Law”
Montana Public Radio:
Montana’s 2015 campaign finance law survived its biggest test Tuesday. The U.S. Supreme Court, without comment, declined to take up a case challenging the state’s Disclose Act. The high court leaves in place a lower court’s… Continue reading
“American Democracy Is on the Supreme Court Docket”
Matt Ford for TNR.
“Brett Kavanaugh could decide how redistricting is done”
Todd Ruger for Roll Call.
Supreme Court to Bypass Second Circuit, Hear Census Citizenship Question This Term, with Oral Argument in April
You can find the unusual cert. grant before judgment order here.
Here is what I wrote when the government asked for this petition to be granted: “As for the merits, the plaintiffs should win given the strength of Judge… Continue reading
More Entries Posted at SCOTUSBlog Symposium on Partisan Gerrymandering Cases
“Gerrymandering & Justiciability: The Political Question Doctrine After Gill v. Whitford”
Mike Parsons has posted this draft on SSRN. Here is the abstract:
Partisan gerrymandering claims occupy a unique purgatory in constitutional law, floating between justiciable and nonjusticiable. This term, the Supreme Court will finally decide. The issue said to divide… Continue reading
On Third Anniversary of Justice Scalia’s Death, His Influence is Greater Than Ever
On the third anniversary of Scalia's death, here's a piece I wrote for @Slate last year that is even truer today: Scalia’s legacy is stronger than ever: https://t.co/qCLYLPv7bt via @slate— Rick Hasen (@rickhasen) February 13, 2019
The @Slate piece… Continue reading
SCOTUSBlog Begins Symposium on Partisan Gerrymandering Cases
You can find the initial entries here (I will update when there are more entries–I declined to participate in the symposium because like Justice Kennedy I remain uncertain about how these cases should be handled):
Special Feature: Symposium before the… Continue reading