Category Archives: Supreme Court
“Sometimes ‘People’ = ‘Legislature'”
Seth Barrett Tillman:
This is a response to Professors Saikrishna Bangalore Prakash & John Yoo, People ≠ Legislature, 39 Harvard Journal of Law & Public Policy 341 (2016) (noted on this blog here).
Professors Prakash and Yoo’s… Continue reading
“Judge Merrick Garland and the rise of super-PACs”
Steve Weissman in The Hill:
As the White House pursues its public campaign to persuade the Senate to consider Garland’s nomination, it should ask him to explain to senators and the public why he joined the SpeechNow opinion and what… Continue reading
Judge Sri Srinivasan on 3-Judge Court Considering Major Soft Money Challenge
Bloomberg BNA:
A three-judge federal district court considering a challenge to rules restricting “soft money” contributions to political parties will hold a June 24 hearing to consider whether to go ahead with the case (Republican Party of La. v. … Continue reading
Va Redistricting Case Roundup
SCOTUSBlog:
he Court also ruled today in Wittman v. Personhuballah, finding that the members of Congress who intervened to defend Virginia’s congressional redistricting plan do not have standing to appeal. Coverage comes from Lyle Denniston for this blog,… Continue reading
“If Citizens United Falls, Will Progressives Notice?”
Brad Smith in the Atlantic:
Notable, however, was that the Supreme Court’s progressive wing dissented not merely from the judgment, but from the grant of certiorari itself, because there was no “significant possibility of reconsideration” of Citizens United by the… Continue reading
Breaking: Unanimous Supreme Court Dismisses Va. Racial Gerrymandering Case on Standing Grounds, Making No New Voting Law
The Supreme Court has decided Wittman v. Personhuballah, ruling against members of Congress on standing grounds. The lower court found that the congressional plan was an unconstitutional racial gerrymander, and the members of Congress challenged this holding.
In a… Continue reading
Supreme Court Grants Right to File WI John Doe Cert Petition Under Seal with Redacted Public Copies
The court’s order is here (Chisholm).
ELB readers know I posted a redacted copy of the cert. petition a few weeks ago.
“Liberals are dangerously wrong about Citizen’s United: Money is speech”
“McDonnell Case Already Impacting Other Ethics Cases”
Bloomberg BNA:
The Supreme Court hasn’t yet ruled in the case of former Virginia Gov. Robert McDonnell (R), but the case already is having an impact on the corruption prosecutions of other former top officials.
Two former top state… Continue reading
“A Supreme Court Not So Much Deadlocked as Diminished”
“Democrats’ latest Supreme Court tactic: No recess till confirmation”
WaPo:
For three months, Senate Democrats have hammered their Republican counterparts over their refusal to take up President Obama’s Supreme Court nominee. Now House Democrats are looking to do some hammering of their own.
Six of them plan to introduce… Continue reading
Breaking: Federal Court Strikes Down Key Montana Contribution Limits, Setting Up Quick 9th Circuit Battle and Potential SCOTUS Deadlock
Senior federal district court judge Charles Lovell has issued this 30 page opinion granting summary judgment to plaintiffs challenging key provisions of Montana’s campaign finance law, including individual and committee contributions to candidates for governor and state offices. This case… Continue reading
“Beyond Severability”
I just had a chance to read Lisa Manheim’s excellent article, forthcoming in the Iowa Law Review. Here is the abstract:
Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of… Continue reading