Category Archives: Supreme Court

“Should Democrats Have Saved Their Filibuster for the New Court Fight?”

July 15, 2018, 8:38 amlegislation and legislatures, Supreme CourtDan Tokaji

NYT, CouldWouldaShoulda Dept: “Now, as the Senate faces another court vacancy — one that could tilt the court’s ideological balance and cement a conservative majority — the Democrats have few tools to fight the nomination. A different outcome last… Continue reading

“Kavanaugh and Campaign Finance: Republican National Committee v. Federal Election Commission”

July 14, 2018, 9:46 amcampaign finance, Supreme CourtDan Tokaji

Charles Davis on SCOTUSBlog: Kavanaugh’s opinion showed hostility towards the Supreme Court’s views in McConnell. It questioned the theory that these [soft money] limits could be justified simply by the close connection between political parties and candidates or officeholders,… Continue reading

Ari Berman on Judge Kavanaugh and Voting Rights

July 13, 2018, 9:14 amSupreme Court, Voting Rights ActDan Tokaji

NYT op-ed: “The threat of voter disenfranchisement will get worse if Judge Kavanaugh is confirmed to the court. His opinion in the South Carolina [voter ID preclearance] case and his record in civil rights matters suggests that he will… Continue reading

Experts on Judge Kavanaugh and Election Law

July 13, 2018, 9:06 amSupreme CourtDan Tokaji

From Politico, here are some excerpts on how his confirmation would affect election law and democracy: Geof Stone: “Across the entire spectrum of critical constitutional issues – ranging from abortion to gay rights to affirmative action to gerrymandering to… Continue reading

CLC & Demos on Judge Kavanaugh’s Record

July 13, 2018, 8:47 amSupreme CourtDan Tokaji

Fact sheet available here. Their conclusion: “Judge Kavanaugh’s record raises serious concerns that he would expand the power of big money in politics, weaken voter protections, and insulate the president from the rule of law. Senators must press Kavanaugh… Continue reading

Judge Kavanaugh on Free Speech and Campaign Finance

July 12, 2018, 9:01 amcampaign finance, Supreme CourtDan Tokaji

Ken White writes that Judge Kavanaugh’s opinions “are consistent with the Supreme Court’s strong protection of free speech rights this century,” and that he has “voted to strike down campaign financing laws and regulations under the First Amendment.” Jonathan Adler… Continue reading

Coverage of Kavanaugh Nomination

July 10, 2018, 9:35 amSupreme CourtDan Tokaji

[Bumped to top] NYT calls Judge Kavanaugh a “Conservative Stalwart,” noting his involvement in an “extraordinary number of political controversies” since early in his legal career, including Ken Starr’s investigation of President Clinton and the 2000 Florida recount litigation. It… Continue reading

President Trump Picks Kavanaugh

July 9, 2018, 6:06 pmSupreme CourtDan Tokaji

More to come!

SCOTUS Decision Day Roundup

July 9, 2018, 8:17 amSupreme CourtDan Tokaji

President Trump is scheduled to announce his nominee in prime time tonight, with Amy Coney Barrett, Brett Kavanaugh, Raymond Kethledge, and Thomas Hardiman the four reported finalists. Coverage and analysis from 538, NYT, Politico, RCP, WSJ… Continue reading

Coming Monday at 1:30 PM Eastern: Live Webcast of 8th Annual UCI Law Supreme Court Term in Review

July 9, 2018, 7:45 amSupreme CourtRick Hasen

[Bumping to the top.] Can’t wait for this, coming on the day of the expected announcement of President Trump’s nominee to replace Justice Kennedy: Livestream > This exciting and entertaining program reviews the Supreme Court’s key cases decided in the… Continue reading

“The Supreme Court vs. Democracy”

July 9, 2018, 7:27 amSupreme CourtDan Tokaji

Ezra Klein at Vox: [T]he Supreme Court’s conservative bloc doesn’t just reflect the outcomes of America’s undemocratic electoral rules; it is writing and, in some cases, rewriting them, to favor the Republican Party — making it easier to suppress… Continue reading

Today’s Must-Read: Ned Foley on Justice Kennedy and Voting Rights

July 6, 2018, 9:00 amSupreme CourtRick Hasen

Deep, insightful post from Ned at SCOTUSBlog: Justice Anthony Kennedy’s jurisprudence on voting rights must be understood in the context of his overall constitutional philosophy. While certainly appreciative of the role that democratic elections play as part of the republican… Continue reading