Category Archives: Supreme Court

Announcing the Fall Webinar Series for UCLA Law’s Safeguarding Democracy Project (Each event free but registration required)

August 23, 2023, 8:24 amelection subversion risk, Supreme Court, Voting Rights ActRick Hasen

Very excited to announce this lineup for the Safeguarding Democracy Project’s Fall 2023 webinar series (each event free but registration required): September 5, 12pm-1pm – The Trump Indictments, the 2024 Elections, and Public Peace Webinar Ruth Ben-Ghiat (NYU) Benjamin … Continue reading

“The Moore the Merrier: How Moore v. Harper’s Complete Repudiation of the Independent State Legislature (ISL) Theory is Happy News for the Court, the Country and Commentators”

August 21, 2023, 8:05 pmlegislation and legislatures, Supreme CourtRick Hasen

New Vik Amar piece, forthcoming in the Cato Supreme Court Review. Here is the abstract: This Essay thoroughly analyzes the 2023 U.S. Supreme Court Moore v. Harper decision, examines how the ruling reflects (laudable) doctrinal movement by the various Justices,… Continue reading

Alabama Attorney General Praises State Legislature for Defying the Supreme Court in Not Drawing District Required by the Voting Rights Act

August 9, 2023, 5:52 pmSupreme Court, Voting Rights ActRick Hasen

Alabama Daily News: The Supreme Court upheld a ruling by a lower state court that ordered Alabama lawmakers to adopt a new map that either created two majority-Black districts, or “something quite close” to it. Instead, the Legislature approved a… Continue reading

ELB Book Corner: Mary Zielger: “Abortion and Overcoming Popular Will”

August 9, 2023, 7:00 amcampaign finance, ELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome Mary Ziegler to the ELB Book Corner, author of the new book, Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment (Yale, 2022). Here is the final of three posts:… Continue reading

ELB Book Corner: Mary Zielger: “Transforming the Republican Party”

August 8, 2023, 7:00 amcampaign finance, ELB Book Corner, Supreme CourtRick Hasen

ELB Book Corner: Mary Zielger: “A New Look at the Path to Dobbs”

August 7, 2023, 7:00 amcampaign finance, ELB Book Corner, Supreme CourtRick Hasen

“Trump Election Charges Set Up Clash of Lies Versus Free Speech”

August 3, 2023, 3:59 amSupreme CourtRick Hasen

NYT: Already, Mr. Trump’s lawyers and allies are setting out the early stages of a legal strategy to counter the accusations, saying that Mr. Trump’s First Amendment rights are under attack. They say Mr. Trump had every right to… Continue reading

Torres-Spelliscy: “Why Trump’s First Amendment Defense is Likely to Fail: SCOTUS Won’t Buy It.”

August 3, 2023, 3:53 amelection subversion risk, Supreme CourtRick Hasen

The following is a guest post from Ciara Torres-Spelliscy: Donald Trump may wish to invoke the First Amendment to unravel the Special Counsel’s case against him related to January 6th. It won’t work. Here’s the short explanation of why… Continue reading

Brandon Johnson: “Election Aggrandizement”

August 2, 2023, 3:31 pmlegislation and legislatures, Supreme Court, Voting Rights ActRick Hasen

The following is a guest post from Brandon Johnson, who begins as an Assistant Professor at the University of Nebraska on August 14: The Supreme Court received praise for two election law decisions issued in the waning weeks of its… Continue reading

“Alabama Is Defying the Supreme Court on Voting Rights”

July 28, 2023, 8:59 amredistricting, Supreme CourtDan Tokaji

Atlantic: “In an echo of mid-century southern defiance of school desegregation, the Yellowhammer State’s Republican-controlled legislature defied the conservative-dominated Court’s directive to redraw its congressional map with an additional Black-majority district.”

“How Alabama could get away with defying the Supreme Court”

July 26, 2023, 9:55 amredistricting, Supreme CourtDan Tokaji

Ian Millhiser in Vox, concluding that the Alabama legislature’s “defiance [of the Supreme Court’s ruling in Allen v. Milligan] is unlikely to be tolerated by the courts,” but that “there is a risk that the Supreme Court will… Continue reading

CAP: “Supreme Court’s Decision in Moore v. Harper Is a Win for Democracy, But Some Questions Remain Unanswered”

July 24, 2023, 9:43 amlegislation and legislatures, Supreme CourtDan Tokaji

Michael Sozan at Center for American Progress: “[E]ven though the Supreme Court jettisoned a sweeping version of the [independent state legislature] theory to the dustbin of history, the post-Moore v. Harper path is not without some degree of risk.… Continue reading

Now Available: Jacob Eisler’s “The Law of Freedom: The Supreme Court and Democracy”

July 24, 2023, 5:06 amelection law biz, Supreme CourtDan Tokaji

Jacob Eisler’s new book is out today. Here’s the description: The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated… Continue reading