Category Archives: Supreme Court

“How the Senate could safeguard the election”

August 30, 2016, 8:11 amSupreme CourtRick Hasen

Josh Douglas for CNN: This problem could be calamitous. If we have another post-election dispute such as Bush v. Gore, then the court could deadlock 4-4. The result in Trump v. Clinton would then affirm whatever lower court heard… Continue reading

Breaking: #SCOTUS Will Not Force OH to List Johnson/Weld as Libertarians on the Ballot

August 29, 2016, 2:45 pmballot access, Supreme Court, third partiesRick Hasen

The Court, without comment or noted dissent, has turned down the Libertarians’ request to have Johnson and Weld listed as Libertarians on the ballot. This not only would have helped Johnson and Weld by giving them a party label; it… Continue reading

NC Files Reply Brief in #SCOTUS Voting Case; Expect Decision from Court Soon

August 29, 2016, 12:31 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

With this reply, briefing is now complete. My earlier coverage and predictions. Thanks to Lawrence Hurley for the document.

“Yes, Citizens United and Other Court Rulings Led to a Rise in Dark Money”

August 29, 2016, 7:28 amcampaign finance, Supreme Court, tax law and election lawRick Hasen

Paul Blumenthal for HuffPo. I’d place much more blame on Congress, the FEC, and the IRS for the lack of disclosure, which the Supreme Court fully endorsed in Citizens United and other court rulings.

Was the 7th Circuit’s Voter ID En Banc Order a 4-4 Compromise a la #SCOTUS?

August 28, 2016, 7:22 pmelection administration, Supreme Court, The Voting Wars, Voting Rights ActRick Hasen

On Friday, I linked to this per curiam order from the Seventh Circuit in the two WI voter id/voting cases, Frank v. Walker and One Wisconsin Now. In the first case, plaintiffs were trying to make it easier for… Continue reading

Plaintiffs in Ohio “Golden Week” Case Seek Stay from 6th Circuit; May Seek Emergency #SCOTUS Relief

August 27, 2016, 8:30 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

On Tuesday, a 6th Circuit panel reversed a trial court’s ruling which had prevented Ohio from eliminating “Golden Week,” a week in which a person could both register to vote (or change a registration) and cast an early ballot. The… Continue reading

“Voter ID in Texas by way of North Carolina?”

August 26, 2016, 9:26 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

Bobby Cervantes in the Houston Chronicle.

Breaking: 7th Circuit Refuses En Banc in Both WI Voter ID Cases; No More Changes Unless #SCOTUS Intervenes

August 26, 2016, 1:25 pmelection administration, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

A unanimous 7th Circuit issued this order en banc refusing to place the affidavit requirement to soften voter id back into effect at this point, and rejecting the other cross appeals. This would leave only the Supreme Court as a… Continue reading

“The Government Shouldn’t Get to Do Unconstitutional Things by Only Doing Them for Short Periods of Time”

August 26, 2016, 7:25 amcampaign finance, Supreme CourtRick Hasen

Ilya Shapiro and Thomas Berry for Cato on a campaign finance PAC-related case with a cert. petition at SCOTUS.

“A Theory of Bribery”

August 25, 2016, 3:02 pmbribery, campaign finance, Supreme CourtRick Hasen

Looking forward to reading this by Deborah Hellman (forthcoming, Cardozo Law Review): In a unanimous opinion in McDonnell v. United States, the Supreme Court invalidated the conviction of the former Governor of Virginia on charges of bribery and called attention… Continue reading

Ohio Files #SCOTUS Response in Gary Johnson Bid to Be Labeled “Libertarian” on Ohio Ballot

August 25, 2016, 12:17 pmballot access, political parties, Supreme CourtRick Hasen

Filing (and a filing by intervenor Gregory Felsoci (more on Felsoci here). Justice Kagan can decide this or refer to the full Court. I expect a decision very soon, given the ballot printing deadline of Tuesday. Thanks to Chris… Continue reading

Breaking: WI Won’t Go to SCOTUS for Emergency Relief in Early Voting Case

August 23, 2016, 3:17 pmelection administration, Supreme Court, The Voting Wars, voter idRick Hasen

Patrick Marley: “AG Brad Schimel will not seek SCOTUS review of 7th Circuit’s early voting decision. Madison/MKE plans for early voting in Sept stay in place.” I had pegged the chances of emergency relief from the Supreme Court in… Continue reading

“On Voting, North Carolina Case Is Test for Justices”

August 23, 2016, 6:31 amelection administration, Supreme Court, The Voting WarsRick Hasen

Jost on Justice: For Roberts, the case tests his prevailing view in the decision in Shelby County v. Holder to eliminate the Voting Rights Act’s preclearance decision on the ground that things have changed in the South since the… Continue reading