Category Archives: Supreme Court
“Don’t make a federal case out of it”
Wendy Kaminer on Gov. McDonnell case.
“Courts may play pivotal role on voting rights in 2016 election”
Richard Wolf in USA Today:
The Supreme Court decided a presidential election 16 years ago based on how votes were counted. This year, a shorthanded court seeking to avoid the limelight may help decide who can vote in the… Continue reading
“Are Plutocrats Really Uniting?”
Paul Jossey:
The anti-First Amendment Campaign Legal Center recently hosted noted election-law professor Rick Hasen to discuss his book ‘Plutocrats United.’ Hasen presented the book’s reform themes of undue donor influence, corruption, and political inequality. And although… Continue reading
Justice Stevens Reflects on Indiana Voting Case, Calls It “Unfortunate”
Watch him at the 7th Circuit judicial conference with Justice Kagan and Judge Wood.
He says that he decided the case correctly on the record, but based on his own internet research on material outside the record he believed the… Continue reading
“With Bob McDonnell Appeal, SCOTUS Can Clarify Line Between Politics and Crime”
I have written this oped for the National Law Journal. It begins:
You don’t have to be a lover of the U.S. Supreme Court’s noxious Citizens United v. FEC case to be troubled by the corruption prosecution of Virginia governor… Continue reading
“Denied Pro Bono Help, Wisconsin Prosecutors Appeal Campaign Finance Ruling”
Marcia Coyle:
he U.S. Supreme Court petition was extraordinary—so heavily redacted that even parts of the question presented to the justices could not be read. Still, in an election year in which money is flowing like Niagara Falls, the petition… Continue reading
“Blaming the Chief Justice”
Fascinating Linda Greenhouse in the NYT:
Do you hold Chief Justice John G. Roberts Jr. responsible for the ascendancy of Donald Trump? The thought never crossed your mind? Then you probably haven’t been reading the conservative blogosphere, where Chief Justice… Continue reading
“Down a justice, John Roberts looks to find compromise, avoid 4-4 ties”
Ariane de Vogue writes for CNN.
“FEC Seeks to Derail Soft-Money Challenge”
Bloomberg BNA:
The Federal Election Commission is seeking to derail a challenge to limits on “soft-money” contributions to political parties before the case is put on a fast track to the Supreme Court (Republican Party of La. v. Federal … Continue reading
“GOP rallies around court blockade; Republicans are crushing the Democrats in the spending battle over Garland — and it’s only going to get more expensive”
“The Supreme Court’s Next Big Fight Over Money in Politics: Will the justices gut the rest of McCain-Feingold — and make it easier for wealthy donors to influence elections?”
I have written this piece for The Atlantic. It begins:
At some point next year, the U.S. Supreme Court is likely to face a major First Amendment question: whether to overturn what remains of the 2002 McCain-Feingold Act. This measure… Continue reading
“Clearing the Landmines of the Roberts Court”
Ciara Torres-Spelliscy:
The University of Colorado at Boulder hosted a symposium last month on “Money and the First Amendment.” The keynote was delivered by Prof. Jeffrey Rosen, whose book on Justice Louis Brandeis will be published… Continue reading
“Uncovering the Voting Rights Act: The Racial Progress Argument in Shelby County”
Derrick Darby has posted this draft on SSRN (forthcoming, Kansas Journal of Law and Public Policy). Here is the abstract:
The coverage formula of the Voting Rights Act succumbs in Shelby County v. Holder due to the majority’s narrative of… Continue reading