Category Archives: Supreme Court

Plaintiffs File Response in #SCOTUS to Emergency Stay in NC Redistricting Case

February 16, 2016, 11:22 amredistricting, Supreme CourtRick Hasen

You can read the 60-page response here. The plaintiffs do not address the Purcell principle question until the very end of the brief, where they say: Finally, Purcell v. Gonzalez, 549 U.S. 1 (2006), does not, as Applicants suggest,… Continue reading

“The Sherlock Holmes Canon”

February 16, 2016, 11:14 amstatutory interpretation, Supreme CourtRick Hasen

Anita Krishnakumar has written this article for the George Washington Law Review. Here is the abstract: Many of the Supreme Court’s statutory interpretation cases infer meaning from Congress’s failure to comment in the legislative record. Colorfully referred to as the… Continue reading

Transparency Problems at #SCOTUS: Scalia Was “Considered Too Weak” For Surgery But We Didn’t Find Out Until After His Death

February 16, 2016, 10:14 amSupreme CourtRick Hasen

From AP: Presidio County Judge Cinderela Guevara told The Associated Press on Monday she spoke with Scalia’s doctor on the day he was found dead in his room at a remote Texas ranch. She said the doctor told her… Continue reading

“Symposium – Free Speech Under Fire: The Future of the First Amendment”

February 16, 2016, 10:04 amSupreme CourtRick Hasen

Can’t wait for this Brooklyn Law School event next Friday, Feb. 26: Friday, February 26 9:00 a.m. to 4:30 p.m. Brooklyn Law School Subotnick Center 250 Joralemon St. Brooklyn RSVP by Wednesday, February 24 www.brooklaw.edu/freespeech-symposium Review the Agenda. About… Continue reading

Will President Obama’s Supreme Court Nominee Be Confirmed?

February 16, 2016, 9:24 amSupreme CourtRick Hasen

I’ve been getting this question a lot and thought I would share some thoughts. I touched on this within hours of the announcement of Justice Scalia’s death in Justice Scalia’s Death and Implications for the 2016 Election, the Supreme Court … Continue reading

“Scalia’s Death Could Hurt Arizona’s Redistricting Supreme Court Fight”

February 16, 2016, 8:44 amredistricting, Supreme CourtRick Hasen

KJZZ reports.

“The Supreme Court Is the Most Important Issue in the 2016 Election”

February 16, 2016, 8:38 amSupreme CourtRick Hasen

Ari Berman: Healthcare, gay marriage, voting rights, affirmative action, reproductive rights, labor rights, immigration, climate change. These are some of the crucial issues that have come before the Supreme Court in recent years or will be heard this year.… Continue reading

Weekend Writing on Scalia, Etc.

February 16, 2016, 8:27 amSupreme CourtRick Hasen

Over the long and significant holiday weekend, I had the following pieces that may be of interest: Justice Scalia’s Death and Implications for the 2016 Election, the Supreme Court and the Nation Donald Trump Likely Has Standing To Contest Cruz’s … Continue reading

“Democrats See Chance to Bolster Enthusiasm in G.O.P. Pledge to Block Scalia”

February 16, 2016, 8:08 amSupreme CourtRick Hasen

Carl Hulse reports for the NYT. Related: My TPM piece, Why The Most Urgent Civil Rights Cause Of Our Time Is The Supreme Court Itself

Will Justice Scalia’s Death Affect the Outcome in Evenwel? I’m Skeptical

February 16, 2016, 7:52 amredistricting, Supreme CourtRick Hasen

I’ve seen many people suggest this, including the NYT’s Adam Liptak: The clearest impact is likely to be in Friedrichs v. California Teachers Association, No. 14-915, on the power of public unions. When the case was argued in January,… Continue reading

“Scalia’s death could doom McDonnell and hurt Menendez”

February 16, 2016, 7:48 ambribery, chicanery, Supreme CourtRick Hasen

Josh Gerstein for Politico: Scalia was considered among the most receptive justices to McDonnell’s argument that his conviction on corruption charges improperly relied on the kind of favors that are commonplace on the American political scene. “Scalia was one of… Continue reading

“How Obama Could Win Supreme Court Battle — Even If Republicans Take the White House”

February 16, 2016, 7:39 amSupreme CourtRick Hasen

Ari Melber on what could happen in the VERY unlikely event Democrats lose the presidency but retake the Senate.

“‘You get one shot’: How Justice Antonin Scalia viewed the world”

February 16, 2016, 7:35 amSupreme CourtRick Hasen

Joan Biskupic writes for Reuters Opinion. Joan has written the best and most interesting biography of Justice Scalia, American Original. Now is a great time to pick it up.