Category Archives: Supreme Court

Montana Candidate Asks #SCOTUS Intervention in False Speech in Judicial Election Case

August 2, 2016, 8:12 pmcampaigns, Supreme CourtRick Hasen

Back in June, Dan T. reported:”A federal district court has denied an injunction against Montana rules restricting false statements by and about judicial candidates (Myers v. Thompson).” The Ninth Circuit denied relief and now the candidate has … Continue reading

NC Republican Leaders, Calling 4th Circuit Panel “Partisan,” Vow #SCOTUS Appeal

July 29, 2016, 12:49 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Here’s the inflammatory statement: “Since today’s decision by three partisan Democrats ignores legal precedent, ignores the fact that other federal courts have used North Carolina’s law as a model, and ignores the fact that a majority of other states have… Continue reading

Did Clinton Avoid Mentioning Judge Garland to Goad Senate Republicans Into Confirming Him?

July 29, 2016, 8:04 amSupreme CourtRick Hasen

Jason Steed: My theory: If we get deep into August and the polls are showing not only a strong lead for Clinton but also promising leads in enough of those senate races, it will take only credible whispers of… Continue reading

Libertarian Johnson-Weld Ticket Makes Positive Noises on Justice Breyer, Judge Garland

July 28, 2016, 10:03 pmSupreme CourtRick Hasen

Reason interview. Ted Frank: “And there goes my support for Johnson-Weld. Will write a letter asking for my donation back. Very frustrating”

Gora in Adler’s Business and the Roberts Court

July 28, 2016, 8:13 amcampaign finance, Supreme CourtRick Hasen

Jonathan Adler has edited this volume for OUP which has a great lineup of writers. Among them is one of my favorites (though we often disagree), Joel Gora, who wrote a chapter on the Roberts Court and Citizens United. Here… Continue reading

Unique and Important “Case Study” Database of Emergency Election Litigation Created by Federal Judicial Center

July 27, 2016, 7:37 amelection administration, Supreme CourtRick Hasen

Back in 2012, I first noted this resource under development. This database at the Federal Judicial Center has now grown to over 340 cases, and is a treasure trove of data. For some of the cases, it gives some information… Continue reading

“Presidential Election Will Shape Supreme Court, and National Policies, for Years to Come”

July 24, 2016, 11:17 amcampaign finance, Supreme CourtRick Hasen

Jess Bravin for the WSJ: A single Democratic appointment to the Supreme Court could doom the 2010 Citizens United decision, which struck down restrictions on corporate and union political spending. That ruling and other opinions invalidating campaign finance laws came… Continue reading

Storify from @UCILaw on #UCILawSCOTUS 2016

July 21, 2016, 4:13 pmSupreme CourtRick Hasen

Here.

“Federal Appeals Court Strikes Down Texas Voter ID Law”

July 21, 2016, 6:22 amelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Pam Fessler reports for NPR. She says Texas has not yet decided whether or not to appeal to the Supreme Court. I explained yesterday why such an appeal would have long odds.

“The Supreme Court’s new definition of corruption is out of step with what Americans think”

July 20, 2016, 8:16 amchicanery, Supreme CourtRick Hasen

Michael Johnston writes for The Monkey Cage.

“The Real Reason Why Judges Should Keep Quiet About Elections; The restrictions remind judges to aspire to be apolitical.”

July 19, 2016, 10:01 amjudicial elections, Supreme CourtRick Hasen

Dahlia Lithwick and I have written this piece for Slate. It begins: Late last week, Supreme Court Justice Ruth Bader Ginsburg tried to put the controversy over her recent criticisms of presumptive Republican presidential nominee Donald Trump behind her, issuing… Continue reading

Read the (Proposed) WI John Doe Amicus Brief That Respondents are Afraid to Have Read by SCOTUS Justices

July 19, 2016, 8:36 amcampaign finance, conflict of interest laws, Supreme CourtRick Hasen

Here, from Center for Media and Democracy and the Brennan Center. (Background)

Bauer on Chemerinsky on RBG

July 19, 2016, 8:22 amSupreme CourtRick Hasen

Bob: In the LA Times, Chemerinsky opens with these words: Imagine that you are a person with great influence, highly respected and with a powerful voice that commands enormous attention. Imagine that you see the country heading down a potentially… Continue reading

Why Did Justice Ginsburg Speak About About Trump?

July 18, 2016, 7:36 pmSupreme CourtRick Hasen

Bob Barnes in Wapo: Ginsburg said she had made a mistake and considers the matter over. But perhaps she already had made her point to the young feminists who revere the “Notorious RBG” but, polls indicate, are not necessarily enthused… Continue reading