Category Archives: Supreme Court

“Case preview: Justices to consider Delaware rules on bipartisanship in judiciary”

October 4, 2020, 3:22 pmjudicial elections, Supreme CourtRick Hasen

Amy Howe for SCOTUSBlog: The justices start their new term on Monday, at a time when the Supreme Court is at the center of a bitter battle over President Donald Trump’s nominee to succeed Justice Ruth Bader Ginsburg, who died… Continue reading

“Op-Ed: Why Judge Barrett’s legal philosophy is deeply antidemocratic”

October 4, 2020, 3:16 pmstatutory interpretation, Supreme CourtRick Hasen

Victoria Nourse LAT oped hits the nail on the head about textualism: Many think that the appointment of Judge Amy Coney Barrett to the Supreme Court will jeopardize the Affordable Care Act and abortion rights. But the reach of her… Continue reading

David Gans on the Purcell Principle in Slate

October 2, 2020, 1:29 pmSupreme CourtRick Hasen

David: In a string of unsigned, unexplained orders this summer, the Supreme Court has repeatedly shown that it will not protect the right to vote during an election year. The court has considered emergency motions in cases challenging voting or… Continue reading

Breaking: As Expected, The Supreme Court Will Hear Arizona “Ballot Harvesting” Case (After the Election)

October 2, 2020, 7:01 amSupreme CourtRick Hasen

News from today’s order list is no surprise. Here’s what I wrote back in January: “I strongly suspect that the Supreme Court will take this case, which reversed a lower court and a three-judge Ninth Circuit panel. A… Continue reading

South Carolina Election Officials, Republican Party Go to Supreme Court Seeking to Reinstate Absentee Ballot Witness Requirement Relaxed Thanks to Covid

October 1, 2020, 10:00 amabsentee ballots, Supreme CourtRick Hasen

The brief relies heavily on the Purcell Principle.

“Are Republican Judges Putting Their Thumbs on the Electoral Scale?”

September 27, 2020, 7:41 amSupreme Court, The Voting WarsRick Hasen

Erwin Chemerinsky NYT oped.

“How the 2000 Election Came Down to a Supreme Court Decision;As Florida’s electoral votes became too close to call, controversy ensued over hanging chads, dimpled chads and butterfly ballots.”

September 24, 2020, 3:05 pmBush v. Gore reflections, Supreme CourtRick Hasen

Timely from History.com.

Trump Administration Wants Supreme Court to Hear Census Apportionment Case in December

September 22, 2020, 10:06 amcensus litigation, Supreme CourtRick Hasen

Motion to expedite.

Maine Supreme Court Rejects Voter Referendum to Reverse Use of Ranked Choice Voting for President in Maine; to SCOTUS Next?

September 22, 2020, 8:26 amalternative voting systems, Supreme CourtRick Hasen

The decision is here, and it presents a federal constitutional question about the qualifications of ballot circulators. At least in theory, this could be appealed to the Supreme Court.

“Supreme Court expected to forge ahead with eight justices after Ginsburg’s death”

September 22, 2020, 7:25 amSupreme CourtRick Hasen

Todd Ruger for Roll Call.

“How the Supreme Court Could Affect Voting Rules on Election Day”

September 22, 2020, 7:16 amSupreme CourtRick Hasen

NYT: A Texas lawsuit over the mailing of absentee ballots to everyone over 65 but no one else. A Nevada case on whether to count mail ballots that lack postmarks. A Florida lawsuit over the right of former felons to… Continue reading

Trump Campaign Appears Ready to Petition SCOTUS on Pennsylvania Supreme Court Postmark Ruling in First Post-RBG Election Case

September 21, 2020, 10:03 pmSupreme CourtRick Hasen

This development reported by Democratic lawyer Marc Elias is in line with my theory that PA is one of the two states to watch in terms of pre- and post-election litigation by the Trump campaign. Here’s how the Philly… Continue reading

“Can Congress Salvage RBG’s Voting Rights Legacy?”

September 21, 2020, 12:13 pmSupreme Court, Voting Rights ActRick Hasen

I have written this piece for Slate. It begins: Justice Ruth Bader Ginsburg was an unparalleled champion of voting rights. One of her most famous dissents in a voting case came in Shelby County v. Holder, the 2013 Supreme… Continue reading

The Chances of a 4-4 Supreme Court Split on Election Issues is Not a Reason to Rush a Supreme Court Confirmation; It’s a Reason to Wait to Confirm a Justice

September 21, 2020, 8:20 amSupreme CourtRick Hasen

Within minutes of the announcement of Justice Ginsburg’s death, we started seeing the argument advanced that a Supreme Court confirmation needs to be rushed so that a Justice is in place before the election, so as to break a potential… Continue reading

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