Category Archives: Supreme Court
“The Supreme Court’s partisan gerrymandering decision is Justice Scalia’s last laugh. Democratic restoration now depends on the people alone.”
See this post at the LSE US Centre.
Justice Thomas’s Ugly Accusation (Joined by Justices Gorsuch and Kavanaugh) in the Census Case
Others have made this point, but I wanted to flag this gratuitous and unsupported impugning of district court judge Furman in the census case. Thomas painted Furman as a conspiracy theorist in his partial dissent (joined by Gorsuch and… Continue reading
Roundup of News and Commentary on Census Citizenship Decision
Here at Howard.
Crum: “Rucho and Section 2 of the Voting Rights Act”
The following is a guest post from Travis Crum:
In Rucho v. Common Cause, the conservatives on the Supreme Court finally prevailed on their decades-long effort to declare partisan gerrymandering a non-justiciable political question. Rather than add to… Continue reading
“The Supreme Court’s Green Light to Partisan Gerrymandering Will Drag It Down Further Into the Mud”
I have written this oped for the New York Times. It begins:
The Supreme Court decision on Thursday in Rucho v. Common Cause purports to take federal courts out of the business of policingpartisan gerrymanders and leave the issue for… Continue reading
“The Supreme Court just body-slammed democracy. More is coming.”
Paul Waldman and Greg Sargent for WaPo.
“Chief Justice Roberts’s ‘proportional representation’ error”
President Trump Tweets Indicate that Battle Over Citizenship Question on the Census is NOT Over
I indicated in my Slate piece that this is not over, and here’s more proof:
Seems totally ridiculous that our government, and indeed Country, cannot ask a basic question of Citizenship in a very expensive, detailed and important Census,… Continue reading
The End Game Possibilities for the Census Case
The census decision is coming tomorrow from the Supreme Court. Most likely in my view is a 5-4 decision upholding the inclusion of the citizenship question, without addressing equal protection issue. Alito (if he writes) could include dicta to try… Continue reading
MALDEF Files SCOTUS Letter in Census Case Saying Not to Decide Equal Protection Issue Not Before the Court
From the letter:
First, the Solicitor General’s request would require this Court to render an improper advisory opinion on issues that have not been briefed or argued before this Court, relating to cases that are not before this Court, based… Continue reading
Supreme Court To Hand Out Final Opinions of the Term Thursday (Tomorrow), Likely Including Partisan Gerrymandering and Census Cases
It’s always possible that the census case gets remanded and put off, given all the machinations.
“The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gore”
I have written this piece for Slate. It begins:
The government’s conduct in the pending Supreme Court case about adding a citizenship question to the census has gone from indefensible to outrageous. In the case, which is likely to be… Continue reading
Breaking: 4th Circuit Remands Census Citizenship Case Raising Equal Protection Issues Not Before SCOTUS to Look at Hofeller Evidence to Show Government Discriminatory Intent; Concurring Judge Suggests New Injunction Against Including Question
This order (via Lawrence Hurley) means that the district court can consider the new Hofeller evidence to determine whether it shows the government acted with racially discriminatory intent in including the citizenship question on the census. And then the case… Continue reading