Category Archives: Supreme Court

“At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display”

May 16, 2024, 3:40 pmSupreme CourtRick Hasen

Jodi Kantor for the NYT: After the 2020 presidential election, as some Trump supporters falsely claimed that President Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts:… Continue reading

ELB 5:7: Rick Pildes: The Two Ricks Discuss the Trump Immunity and Hush Money Cases

May 2, 2024, 7:31 pmELB Podcast, Supreme CourtRick Hasen

New ELB Podcast: How should we understand the Supreme Court’s questions in the Trump immunity case? Will the Court let Donald Trump go to trial for 2020 election interference based just on his acts as a candidate and not… Continue reading

Breaking: Three Judge Court, Breaking Along Party Lines, Says Louisiana Impermissibly Created a Second Black Congressional District, Orders Hearing on Remedy

April 30, 2024, 3:38 pmredistricting, Supreme CourtRick Hasen

Faced with a likely successful lawsuit by minority plaintiffs under Section 2 of the Voting Rights Act, the Louisiana legislature drew a second black majority congressional district. After the districts were drawn, those who did not like Louisiana having a… Continue reading

“Why an Immunity Ruling in Trump’s Favor Might Not Alter the Shape of His Trial”

April 30, 2024, 7:01 amelection subversion risk, Supreme CourtRick Hasen

Charlie Savage in the NYT: If the Supreme Court rules that Donald J. Trump is immune from being charged with crimes over official actions he took as president, it would be a momentous decision for the future of executive power … Continue reading

Rick Hasen on CNN’s The Lead With Jake Tapper Discussing Fake Electors and Trump Immunity Claim (Video)

April 25, 2024, 3:09 pmelection subversion risk, Supreme CourtRick Hasen

You can watch here:

Rick Hasen’s Live Blog of the Supreme Court’s Oral Argument Over Trump’s Claim of Immunity in the Federal Election Subversion Case (Updates completed)

April 25, 2024, 6:44 amelection subversion risk, Supreme CourtRick Hasen

[This post has been updated.] After a couple of hours of oral argument, it appears that the Supreme Court is unlikely to embrace either Donald Trump’s extreme position—that would seem to give immunity for a president who ordered an assassination… Continue reading

“Jan. 6 Obstruction Case at Supreme Court Could Help Trump and Many Others”

April 14, 2024, 12:22 pmelection subversion risk, Supreme CourtRick Hasen

Adam Liptak for the NYT.

The Supreme Court Can No Longer Sidestep Considering January 6 and the Attempts to Subvert the 2020 Election

April 13, 2024, 9:27 amelection subversion risk, Supreme CourtRick Hasen

The Supreme Court was miraculously able to sidestep any grappling with attempts to subvert the 2020 presidential election in Trump v. Anderson, the case over whether Donald Trump was barred from serving as President again for encouraging an insurrection. The… Continue reading

“Supreme Court to weigh if Jan. 6 rioters can be charged with obstruction”

April 13, 2024, 9:03 amchicanery, Supreme CourtRick Hasen

Ann Marimow for WaPo: Defense lawyers say prosecutors overreachedby charging rioters with a crime that is limited to conduct that destroys or tampers with evidence sought by investigators. The government’s broad application of the statute, the lawyerswarned in court filings,… Continue reading

Danforth, Luttig Amicus Brief in SCOTUS Trump Immunity Case Warns of Dangers to Democracy If President Has Immunity to Steal the Next Election

April 4, 2024, 1:45 pmelection subversion risk, Supreme CourtRick Hasen

From the Introduction: Presidential immunity, under any label, should never be so broad as to embolden an outgoing President’s violations of federal criminal statutes as part of efforts that would prevent what Article II mandates—the vesting of the authority… Continue reading

“In Electoral Disputes, State Justices Are Less Reliable GOP Allies than the U.S. Supreme Court—That’s the ‘Problem’ the Independent State Legislature Claim Hopes to Solve”

April 4, 2024, 8:20 amlegislation and legislatures, political polarization, Supreme CourtRick Hasen

Rebecca L. Brown, Lee Epstein, and Michael J. Nelson have this new article in the Annals of the American Academy of Political and Social Science. Here is the abstract: Scholars have identified serious drawbacks to the independent state… Continue reading

“Transforming Constitutional Doctrine Through Mandatory Appeals from Three-Judge District Courts: The Warren and Burger Courts and Their Contemporary Lessons”

April 1, 2024, 1:28 pmSupreme CourtRick Hasen

Michael Solimine, who knows more about the use of 3-judge courts in election cases than anyone I know, has posted this draft on SSRN (forthcoming U Pitt. L. Rev.). Here is the abstract: Judicial interpretations of the Equal Protection and… Continue reading

“The ‘Bounds’ of Moore: Pluralism and State Judicial Review”

April 1, 2024, 12:04 pmlegislation and legislatures, Supreme CourtRick Hasen

Leah Litman and Kate Shaw have written this essay for the Yale Law Journal Forum. Here is the abstract: In Moore v. Harper, the Supreme Court rejected a maximalist version of the “independent state legislature theory” (ISLT), invoking state judicial… Continue reading

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