Michael Morley has written this extensive analysis of today’s developments, which begins: This post offers a new perspective on the Supreme Court’s emergency order in Republican National Committee v. Democratic National Committee, No. 19A1016 (U.S. Apr. 6, 2020). It… Continue reading

Interesting thread starts here: I want to make one point about the Supreme Court's decision in the Wisconsin case that I'm surprised has not been made. The Supreme Court & the federal courts more broadly have actually not done… Continue reading

You can read the opinion and dissent here. In some ways, it is unsurprising that the Court divided 5-4 (conservative/Republican Justices against liberal/Democratic Justices) on a question whether the emergency created by COVID-19 and the dangers of in-person voting… Continue reading

You can find the filing here. I think that they have a strong argument about application of the Purcell Principle: Applicants rely heavily on Purcell v. Gonzalez, 549 U.S. 1, 4-5 (2006), in which this Court cautioned that “[c]ourt… Continue reading