Category Archives: Supreme Court

A few thoughts on election litigation after Trump v. CASA

June 27, 2025, 2:05 pmcourt decisions, Supreme CourtDerek Muller

Justin helpfully summarized the lay of the land after Trump v. CASA with respect to universal injunctions and graciously linked to my previous takes on the topic. Of note is that statewide relief in federal courts, just like nationwide relief… Continue reading

Supreme Court sets Louisiana congressional case for reargument

June 27, 2025, 8:57 amelection law and constitutional law, redistricting, Supreme Court, Voting Rights ActJustin Levitt

Well, that was unexpected. As mentioned a moment ago, the Court today punted on the Louisiana congressional case, Louisiana v. Callais, setting it for reargument next Term. The order says that the Court will “issue an order scheduling argument… Continue reading

Supreme Court pushes back on universal injunctions

June 27, 2025, 7:39 amSupreme CourtJustin Levitt

In the birthright citizenship cases, the Supreme Court today issued a 32-page 6-3 opinion that didn’t touch the merits (and produced 21 pages of concurrences and 65 pages of dissents). But the procedural issue it did decide may end up… Continue reading

SCOTUS denies cert. on felony disenfranchisement case (allowing case to proceed)

June 23, 2025, 12:41 pmSupreme Courtfelony disenfranchisementJustin Levitt

Back in December, I flagged an important 4th Circuit opinion rejecting Virginia’s claims that it was immune from suit under the Virginia Readmission Act, which plaintiffs’ assert prevents the Commonwealth from disenfranchising citizens for convictions that wouldn’t have been common… Continue reading

“The Standard of Proof in Racial-Gerrymandering Cases: Alexander’s Mistake and its Implications”

June 11, 2025, 2:48 pmSupreme Court, Voting Rights ActRick Hasen

Michael Pardo has posted this fascinating paper (forthcoming, University of Illinois L. Rev) on SSRN. Here is the abstract: In Alexander v. South Carolina State Conference of the NAACP, the United States Supreme Court reversed a district court ruling that… Continue reading

Issacharoff and Muller, “Relocating Nationwide Injunctions”

June 9, 2025, 6:30 amcourt decisions, legislation and legislatures, Supreme CourtDerek Muller

Earlier this year, I wrote about how potential reform over the “universal” or “nationwide” injunction might affect a set of election law cases. The Supreme Court’s recent oral argument in Trump v. CASA has brought the debate about nationwide injunctions… Continue reading

Metzger, “Disqualification, Immunity, and the Presidency”

June 8, 2025, 9:05 amSupreme CourtDerek Muller

New article by Gillian Metzger in the Harvard Law Review: This essay analyzes Trump v. Anderson and Trump v. United States. It argues that, despite surface similarities—not least that they both helped smooth the path to Trump’s re-election as President—the two decisions differ in… Continue reading

Alabama Law Review issue dedicated to voting rights

June 7, 2025, 9:04 amSupreme Court, Voting Rights ActDerek Muller

A recent issue of the Alabama Law Review includes the following pieces: Michael J. Pitts, Re-Legislating Section 2 of the Voting Rights Act Daniel P. Tokaji, Racist Voting Judge J. Michelle Childs, Voting Rights: Mechanisms for Social Change Daiquiri J.… Continue reading

Supreme Court grants certiorari in Bost v. Illinois State Board of Elections on standing to challenge rules relating to the time receiving absentee ballots

June 2, 2025, 7:06 amelection administration, Elections Clause, Supreme CourtDerek Muller

From SCOTUSblog and the question presented: Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted… Continue reading

Democratic Party, in Marc Elias Brief, Seeks to Intervene in NRSC Case at Supreme Court to Defend Limits on Coordinated Spending by Parties

May 30, 2025, 11:07 amcampaign finance, Supreme CourtRick Hasen

Well this is a very interesting development in the case I’ve been tracking closely and expect the Supreme Court to hear, especially given that Marc Elias has not been one to generally defend campaign finance limits applied to political parties.… Continue reading

“US Supreme Court rejects Michigan GOP bid to overturn new voting rules”

May 21, 2025, 7:20 amlegislation and legislatures, Supreme CourtRick Hasen

Votebeat: The U.S. Supreme Court this week turned away a petition by 11 Republican Michigan legislators who sought to overturn expanded voting measures enacted through statewide ballot initiatives, bringing an end to the federal case known as Lindsey v. Whitmer. … Continue reading

Breaking: Trump DOJ Agrees with Republican Party in Supreme Court Filing That Limits on Coordinated Political Party Spending Violate the First Amendment; Court Likely to Take Case and Strike Down Statute

May 19, 2025, 1:18 pmcampaign finance, Supreme CourtRick Hasen

I have been following this NRSC case for a long time, and long predicted a cert grant. After multiple delays, starting when Biden was still president, DOJ has filed its response in the Supreme Court to the Republican Party. In… Continue reading

My New One at Slate: “Two Supreme Court Justices Invited an All-Out Assault on the Voting Rights Act. Now It’s Here.”

May 14, 2025, 1:30 pmSupreme Court, Voting Rights ActRick Hasen

I have written this piece at Slate. It begins: On Wednesday, the Voting Rights Act suffered the second shot in a brutal new one-two punch, and some worry it could lead to a knockout blow at the Supreme Court. The… Continue reading

Laycock and Hasen, Modern American Remedies (6th Edition): Excerpts on the Debate over Universal Injunctions (at Issue at Supreme Court Thursday)

May 14, 2025, 1:28 pmRemedies, Supreme CourtRick Hasen

The Sixth Edition of Laycock & Hasen, Modern American Remedies, will be published next month by Aspen publishers. In advance of the Supreme Court’s oral argument on May 15 about the propriety of universal injunctions (in the context of… Continue reading