Category Archives: Supreme Court

Adam Liptak NYT Deep Dive into the Shadow Docket and the Purcell Principle: “Missing From Supreme Court’s Election Cases: Reasons for Its Rulings”

October 26, 2020, 7:47 amSupreme CourtRick Hasen

New Sidebar NYT column from Adam Liptak: At least nine times since April, the Supreme Court has issued rulings in election disputes. Or perhaps “rulings” is too generous a word for those unsigned orders, which addressed matters as consequential as… Continue reading

Major Standing Problem in Pennsylvania Republicans’ Hail Mary to SCOTUS?

October 26, 2020, 7:28 amSupreme CourtRick Hasen

Over the weekend, I posted Understanding the Pennsylvania GOP Hail Mary Fighting the Extended Deadline for Receipt of Mailed Ballots, and the Awful Pressure that the GOP’s Petition Could Put on Soon-to-Be Justice Barrett. which begins: The Pennsylvania GOP … Continue reading

“Trump v. Biden: Campaigns Weigh Lawyers for Possible SCOTUS Bout”

October 26, 2020, 7:06 amelection law biz, Supreme CourtRick Hasen

Bloomberg Law reports.

“Barrett Could Be Decisive in Election Cases”

October 26, 2020, 6:49 amSupreme CourtRick Hasen

Jost on Justice.

Understanding the Pennsylvania GOP Hail Mary Fighting the Extended Deadline for Receipt of Mailed Ballots, and the Awful Pressure that the GOP’s Petition Could Put on Soon-to-Be Justice Barrett

October 24, 2020, 4:45 pmabsentee ballots, Supreme CourtRick Hasen

The Pennsylvania GOP has gone back to the U.S. Supreme Court and the state supreme court in an effort to renew its objection to the counting of mail-in ballots that arrive after 8 pm on Election night (as set forth… Continue reading

Leonard Leo’s Influence over the Federal Judiciary Makes His Pushing the Voter Fraud Myth Exceptionally Dangerous

October 23, 2020, 11:10 amfraudulent fraud squad, Supreme CourtRick Hasen

Thread starts here and includes new reporting on Leo’s financial activities via CREW.

“N. Carolina GOP asks Supreme Court to roll back extra time for accepting mail-in ballots”

October 23, 2020, 10:54 amSupreme CourtRick Hasen

Pete Williams for NBC News: Republicans in the presidential battleground state of North Carolina asked the Supreme Court on Thursday to block lower court rulings that allowed six extra days to accept ballots sent by mail.The Trump campaign, the state… Continue reading

“Trump campaign, North Carolina Republicans ask justices to stop extension of absentee-ballot deadline”

October 22, 2020, 2:32 pmabsentee ballots, Supreme CourtRick Hasen

Amy Howe for SCOTUSBlog: Two days after three judges on the U.S. Court of Appeals for the 4th Circuit urged them to “take this case up to the Supreme Court immediately,” the Trump campaign and North Carolina Republicans did exactly… Continue reading

“How Amy Coney Barrett could be key to new lawsuit to block Pa.’s mail-in ballot extension” (and reasons for my skepticism in this particular case)

October 22, 2020, 2:05 pmabsentee ballots, Supreme CourtRick Hasen

VoteBeat: A new federal lawsuit seeks to block Pennsylvania officials from counting mail-in and absentee ballots received within three days after Election Day, an extension approved by the state’s highest court and recently allowed to stand by the U.S. Supreme… Continue reading

Jack Rakove: Justice Ginsburg Got It Right (on the Meaning of “Legislature”)

October 22, 2020, 8:19 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from historian Jack Rakove of Stanford: As Rick Pildes (my fellow Cubs fan and Evanston IL high school grad) noted the other day, the Supreme Court’s recent ruling in the Pennsylvania voting case leaves… Continue reading

Today’s Must Read: Adam Serwer: “Pack the Court, Save the Vote; The Supreme Court’s conservative majority appears poised to entrench minoritarian rule without the consent of the electorate.”

October 22, 2020, 8:05 amSupreme CourtRick Hasen

This is the best article with deep historical context connecting the debate over the size of the Supreme Court with the Supreme Court’s increasing tolerance for measures making it harder for people to register and vote. Read it.

Breaking: Supreme Court in Unsigned Order on 5-3 Vote Reinstates Alabama Ban on Curbside Voting; Justice Sotomayor Writes Dissent for Three Liberal Justices; What It Means

October 21, 2020, 6:15 pmSupreme CourtRick Hasen

You can find the order and dissent here. I am not at all surprised by this ruling, even though I agree 100% with Justice Sotomayor’s disssent. If you look at the two main statements of the Court in these… Continue reading

Ariane de Vogue for CNN on the Purcell Principle: “The legal doctrine that could sway the election”

October 21, 2020, 1:08 pmSupreme CourtRick Hasen

Ariane de Vogue for CNN: As emergency petitions concerning voting rights challenges have raced through the courts in the final weeks of the election, judges and justices have found themselves trying to explain a legal doctrine that was designed to… Continue reading

“John Roberts sides with the liberals on mail-in voting but things may change once Barrett arrives”

October 20, 2020, 8:25 pmSupreme CourtRick Hasen

Joan Biskupic for CNN.

Election Law Blog

The law of politics and the politics of law