“Foreword: Are elected state judges now “above the political fray”?”
Ron Collins’ foreword to SCOTUSBlog symposium on Williams-Yulee. Great lineup!
Category Archives: Supreme Court
Question for Supreme Court Gurus about Strict Scrutiny in Williams-Yulee
As I explained in this post, the Chief Justice wrote only for a plurality in applying strict scutiny to the judicial campaign speech issue before it. Justice Ginsburg (and to some extent Justice Breyer) did not go along. But… Continue reading
Breaking News and Analysis: #SCOTUS Upholds Ban on Judicial Candidates Personally Soliciting Campaign Contributions
In a surprise and very important development, the Supreme Court has rejected a First Amendment challenge to Florida’s ban on the personal solicitation of campaign contributions by judicial candidates. Even more surprising, the Court’s opinion (a plurality in part)… Continue reading
SSM Prediction from June 2013
Here’s what I wrote in this Reuters Opinion column in June 2013:
If history is any guide, lower courts will divide over the constitutionality of such bans. Some courts may follow the lead of that part of Justice Anthony Kennedy’s … Continue reading
Jamie Raskin on Hillary Clinton and a Constitutional Amendment to Overturn Citizens United
Jamie in Salon:
The country’s most prolific voting rights scholar and blogger, Richard Hasen—a colleague and friend of mine—is the most recent legal academic to pour cold water all over the movement for a constitutional amendment to rebuild the statutory… Continue reading
“How We Will Save Our Democracy (and How We Won’t)”
Matthew Saks:
Last week, the election law expert Rick Hasen wrote a piece in Slate criticizing Hillary Clinton for coming out in support of a constitutional amendment to get big money out of politics. He argued that a constitutional… Continue reading
Symposium on Voting Rights in the Wake of Shelby County v. Holder
“New study rebuts John Roberts on Voting Rights Act”
Zack Roth for MSNBC.
“Jeb the Destroyer: Jeb Bush is tearing down what little campaign finance law we have left.”
I have written this piece for Slate. It begins:
In February, the Campaign Legal Center, a group which works on campaign finance reform issues, released a “white paper” contending that many of the leading potential presidential candidates were… Continue reading
“Supreme Court Revives Challenge to North Carolina Redistricting”
“The State of Contribution Limits in a World of Super PACs”
“Death by a Thousand Cuts: How the Supreme Court Has Effectively Killed Campaign Finance Regulation by Its Limited Recognition of Compelling State Interests”
Kevin Huguelet has posted this draft on SSRN (forthcoming University of Miami Law Review). Here is the abstract:
This Article examines the current campaign finance jurisprudence in the United States, with a particular emphasis on the Court’s recognition of compelling… Continue reading
#SCOTUS Remands North Carolina Racial Gerrymandering Case for Reconsideration
This order is unsurprising. Democrats and minority plaintiffs challenged a North Carolina redistricting plan as an unconstitutional racial gerrymander. The North Carolina Supreme Court rejected the challenge. Today the Supreme Court told North Carolina to take another look in light… Continue reading
NYT Editorial Relies on Morgan Kousser Voting Rights Data to Criticize #SCOTUS
Editorial:
The chief justice’s destructive cure for this was to throw out the formulaCongress devised in 1965 that required all or parts of 16 states with long histories of overt racial discrimination in voting, most in the South,… Continue reading