Category Archives: Supreme Court
The State of Campaign Finance Policy: Recent Developments and Issues for Congress (June 23, 2014)
New CRS report from R. Sam Garrett.
#SCOTUS Underlines that Level of Scrutiny is Up for Grabs in Campaign Contribution Cases
Via Brian Svoboda comes this catch from today’s Supreme Court abortion buffer zone case, McCullen v. Coakley:
The Court does sometimes assume, without deciding, that a law is subject to a less stringent level of scrutiny, aswe did earlier… Continue reading
Another Reason to Expect #SCOTUS To Take Same Sex Marriage Case Soon: A Circuit Split
Emily Bazelon writes over at Slate‘s Breakfast Table responding to a post of mine suggesting the 10th Circuit Utah marriage decision is heading to the Supreme Court as soon as next term:
Rick Hasen and plenty of other people think… Continue reading
“A year later, Holder, civil rights groups decry impact of voting rights ruling”
Greg Gordon reports for McClatchy.
Whoa: Judge Posner Attacks Chief Justice Roberts Truthfulness in Campaign Finance Case
While I agree with the sentiment (as anyone who has read my writings on the Chief Justice’s views in the campaign finance and voting rights areas, and in fact I’ve made this exact same attack on the Chief Justice at … Continue reading
“Murdered Voting Advocate’s Brother Wants Protections Back”
Carrie Johnson for NPR:
One year ago, the Supreme Court threw out a key section of the 1965 Voting Rights Act. The law gave the federal government a kind of veto power over voting arrangements in states with a… Continue reading
About that #SCOTUS Unanimity…A Skeptical Note
Today’s unanimous opinion in the cell phone cases is the latest in an unusual term of unanimity on the Supreme Court.
I don’t want to downplay things, but I think the unanimity is likely an aberration. To begin with, the… Continue reading
Justice Scalia Dissent in Aereo Case Says It is Lawyers’ Jobs to Exploit Statutory Loopholes, and Congress’s Job, Not the Court’s Job, To Fix Them
He writes:
It is not the role of this Court to identify and plug loopholes. It is the role of good lawyers to identify and exploit them, and the role of Congress to eliminate them if it wishes. Congress… Continue reading
SCOTUS Likely To Take Up Same Sex Marriage as Soon as Next Term
With news of today’s Tenth Circuit 2-opinion holding Utah’s ban on same-sex marriage unconstitutional, I think it useful to revisit the debate I had with Adam Liptak last term over timing. Here’s what I wrote in Court Due to … Continue reading
“Democrats Are Trying to Rewrite the First Amendment”
Josh Blackman writes for The American Spectator.
“Shelby County One Year Later: Good for Voting Rights?”
Franita Tolson: “Despite these developments, the lesson of Shelby County should not be that states have broad authority to impose restrictive voting regulations. The true lesson of the decision, one year later, is that even the most painful and… Continue reading
One Year After Shelby County
Here was the lede of my NY Times oped from the day after the decision, The Chief Justice’s Long Game:
IN an opinion brimming with a self-confidence that he hides behind a cloak of judicial minimalism, Chief Justice John… Continue reading
Ken Vogel’s Big Money Book
[This is the latest in a series of short reflections on new books in campaign finance which I am working my way through as I write my own manuscript on the subject.]
Politico reporter Ken Vogel’s new book, Big Money… Continue reading