Category Archives: Supreme Court

“Why the Supreme Court May Not Decide the 2024 Election After All”

October 10, 2024, 8:39 amSupreme Court, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: Some have speculated that the Supreme Court has kept its fall schedule light in case it decides to take up litigation that could affect the outcome of the 2024 presidential… Continue reading

“Why the Supreme Court Might Cast the Final Vote for President”

October 10, 2024, 7:16 amSupreme CourtRick Hasen

Aziz Huq for Politico: Three paths already exist for the Supreme Court if it wants to reshape the 2024 outcome. The first path lies through a challenge to a state court’s ruling on state election law. The Supreme Court ordinarily… Continue reading

“The Untold Link Between Justice Alito and Trump’s Election Denying Efforts; Mark Martin floated fringe theories to keep Trump in power. Supreme Court Justice Samuel Alito taught with him — even after January 6.”

October 6, 2024, 12:54 pmelection subversion risk, Supreme CourtRick Hasen

Shawn Musgrave for The Intercept: On the evening of January 6, 2021, retired North Carolina Supreme Court Chief Justice Mark Martin had a nine-minute conversation with former President Donald Trump. This call followed weeks of efforts by Martin to find … Continue reading

My New One at Slate: “Jack Smith’s Big New Jan. 6 Brief Is a Major Indictment of the Supreme Court”

October 2, 2024, 2:48 pmelection subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: It’s rare to simultaneously feel red hot anger and wistfulness, especially when merely reading a document. But that’s exactly the emotions that washed over me when I read the redacted version… Continue reading

“How the US Supreme Court could get involved in the 2024 presidential election”

October 2, 2024, 6:50 amSupreme Court, UncategorizedRick Hasen

ABC News: The U.S. Supreme Court, faced with sagging public confidence and a deepening perception its decisions are politically-motivated, could soon play a critical role in how some 2024 presidential ballots are cast and counted and, potentially, how contested election… Continue reading

“ACLU asks U.S. Supreme Court to take up challenge to Pennsylvania’s mail ballot dating rule”

September 27, 2024, 5:22 pmabsentee ballots, Supreme CourtRick Hasen

Votebeat: The American Civil Liberties Union of Pennsylvania is asking the U.S. Supreme Court to decide whether requiring voters to date their mail ballot return envelopes violates federal law. The group filed its petition Friday on behalf of the Pennsylvania… Continue reading

“Robert F. Kennedy Jr. Won’t Be on New York Ballot, Supreme Court Rules”

September 27, 2024, 2:07 pmballot access, Supreme CourtRick Hasen

NYT: The Supreme Court said on Friday that it would not restore Robert F. Kennedy Jr. to the ballot in New York after a state court judge ruled that he had used a sham address on his nominating petition. The… Continue reading

“The Surprising Survival—So Far—of the Corporate Contribution Ban”

September 25, 2024, 4:55 amcampaign finance, Supreme CourtRick Hasen

Richard Briffault has posted this draft on SSRN (forthcoming, Chicago Business Law Review). Here is the abstract: Citizens United notwithstanding, the 117-year-old federal ban on corporate campaign contributions and similar prohibitions in twenty-one states remain on the books and continue… Continue reading

“Supreme Court rejects Green Party bid to appear on Nevada presidential ballot”

September 20, 2024, 11:45 amballot access, Supreme CourtRick Hasen

NBC News reports.

“Will the Supreme Court Revive the Dangerous Fringe Election Theory It Just Rejected?”

September 20, 2024, 7:22 amlegislation and legislatures, Supreme CourtRick Hasen

Anna Jessurun in Slate: As several scholars predicted, ISLT proponents have now seized on the language in Moore to argue that state supreme court decisions that invalidate state election laws on state constitutional grounds violate the elections clause. This spring, the … Continue reading

Doomcasting continues to overstate the case for a presidential election going to the House of Representatives

September 19, 2024, 3:49 pmelection administration, electoral college, Supreme CourtDerek Muller

Justin Levitt‘s excellent piece earlier this election season, “Get Ready for the Scourge of Election Season: Electoral-Process Porn,” is well worth another read. That’s because a new round of paranoia about the 2024 election continues to spread. There are… Continue reading

Download the Revised Draft of My Forthcoming Yale Law Journal Piece, “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”

September 16, 2024, 8:15 amelection subversion risk, Supreme Court, The Voting Wars, Voting Rights ActRick Hasen

You can find the revised draft here. The new draft incorporates discussion of the Supreme Court shadow docket order in the Arizona voter registration case and greatly expands Part III of the paper, discussing democratic theory and international human… Continue reading

Blockbuster NYT Reporting from Jodi Kantor and Adam Liptak Reveals Key Details on Trump v. Anderson, the Trump Immunity Case, and the Fischer Obstruction Case, Showing a Conservative Majority Less Willing to Compromise

September 15, 2024, 9:34 amelection subversion risk, Supreme CourtRick Hasen

This reporting is remarkable, not only for its substance but for the fact that so much inside information has been leaked. (This is the biggest leak since the leak of the draft Dobbs abortion decision, although this of course is… Continue reading

“Fontes asks Mayes to explain how AZ can implement reinstated voter registration law”

September 14, 2024, 11:12 amelection administration, Supreme CourtRick Hasen

Arizona Mirror: Arizona Secretary of State Adrian Fontes wants Attorney General Kris Mayes to provide elections officials guidance on how Arizona can enforce part of a voter registration law that the U.S. Supreme Court recently allowed to go into… Continue reading

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