Category Archives: Supreme Court

Toobin: Justice Ginsburg Would Have to Recuse in Bush v. Gore Type Scenario

July 12, 2016, 8:20 amBush v. Gore reflections, Supreme CourtRick Hasen

Via CNN: But electoral politics have long been off-limits for sitting judges, including justices. They are expected to refrain from telling us their opinions — in part because they are expected to be above such considerations but also because they… Continue reading

Justice Ginsburg Doubles Down on Trump Comments

July 12, 2016, 8:11 amSupreme CourtRick Hasen

in comments to CNN’s (and UCI Law’s) Joan Biskupic.

Paul Horwitz on the RBG Interviews, Journalism, and the Justice’s Judgment

July 11, 2016, 4:07 pmSupreme CourtRick Hasen

Important read.

Do Justice Ginsburg’s Comments on Donald Trump Require Recusal in a Clinton v. Trump Case?

July 10, 2016, 7:47 pmSupreme CourtRick Hasen

That’s the argument some conservatives have been raising on Twitter, following this part of RBG’s interview with Adam Liptak: These days, she is making no secret of what she thinks of a certain presidential candidate. “I can’t imagine what… Continue reading

Justice Ginsburg Has “Impossible Dream” of Overturning Citizens United Before She Leaves SCOTUS

July 10, 2016, 3:54 pmcampaign finance, Supreme Court, Voting Rights ActRick Hasen

She tells NYT’s Adam Liptak: Asked if there were cases she would like to see the court overturn before she leaves it, she named one. “It won’t happen,” she said. “It would be an impossible dream. But I’d love to… Continue reading

Two Big Election Law Decisions Out of Texas are Pending…..And More from Other States

July 10, 2016, 1:45 pmredistricting, Supreme Court, The Voting Wars, voter idRick Hasen

The federal challenge to Texas’s strict voter identification law is pending before the entire Fifth Circuit sitting en banc. The Supreme Court set a soft July 20 deadline for a decision—after that the Court has invited plaintiffs to seek immediate… Continue reading

Justice Ginsburg’s First Draft in Evenwel Said Use of Total Population, Rather Than Voters, Required and Not Just Permitted

July 8, 2016, 8:48 amredistricting, Supreme CourtRick Hasen

From RBG’s must-read interview with AP’s Mark Sherman: Ginsburg was pleased with her majority opinion in yet another case from Texas in which the court upheld the state’s decision to count everyone, and not just eligible voters, in drawing its… Continue reading

Marc Elias on Why the New SpeechNow Challenge May Be the Wrong Vehicle To Challenge Case and CU

July 7, 2016, 7:36 pmcampaign finance, Supreme CourtRick Hasen

Via Twitter. As I suggested in response, the most straightforward way might be for a local jurisdiction to adopt contribution limits to independent expenditure committees and defend them in court.

Does the New Assault on Super PACs from Liberal “Dream Team” Have a Shot? Maybe, in this Post-Scalia World

July 7, 2016, 9:50 amcampaign finance, Supreme CourtRick Hasen

Larry Tribe, Richard Painter, Albert Alshuler, Norm Eisen, and Anne Weissman have joined together with the Free Speech for People team of Ron Fein, John Bonifaz and others to file this complaint with the FEC seeking to attack the SpeechNow… Continue reading

Online Scalia Symposium

July 7, 2016, 9:20 amSupreme CourtRick Hasen

At the Minnesota Law Review.

“Free Webinar July 12: Supreme Court Redistricting Cases”

July 5, 2016, 11:11 amredistricting, Supreme CourtRick Hasen

Lisa Sorenen blogs about a webinar. I’m one of the speakers.

“Is the Supreme Court Clueless About Corruption? Ask Jack Abramoff”

July 5, 2016, 9:19 ambribery, chicanery, Supreme CourtRick Hasen

Carl Hulse in the NYT: [corrected link] Take it from a corrupt lobbyist: When it comes to peddling influence and buying politicians, the Supreme Court just doesn’t get it. Jack Abramoff, the former superlobbyist who ended up in prison,… Continue reading

Influence of Justice Scalia Felt in Unanimous Decision Throwing Out Gov. McDonnell Conviction

June 27, 2016, 7:57 amchicanery, Supreme CourtRick Hasen

The Supreme Court’s unanimous ruling throwing out the conviction of Gov. McDonnell (while leaving open the possibility of a retrial on a narrower theory of the case) is sensible and courageous, and shows the continuing important influence of Justice Scalia… Continue reading

National Constitution Center Hires Lyle Denniston as Full-Time Supreme Court Correspondent

June 25, 2016, 5:44 pmSupreme CourtDan Tokaji

A great move for NCC, especially given the following that Lyle’s outstanding work at SCOTUSblog has earned.

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The law of politics and the politics of law