Category Archives: Supreme Court
“Senate Democrats Begin Efforts to Amend Constitution”
Current Principal Deputy SG Called J. Breyer a “Rather Cold Fish” in Clinton Admin. Memo
WaPo on latest Clinton paper release:
Klein thought Breyer was “brilliant,” but others were not as impressed. “Nothing in Judge Breyer’s opinions suggests that he would be a great Supreme Court justice,” wrote Tom Perrilli and Ian Gershengorn, who called… Continue reading
Larry Tribe on (Non-)Lessons of Schuette for Same Sex Marriage Cases
Fascinating build on idea Justices’ talk about democratic process often just rhetoric:
It would therefore be ill-advised for casual readers of these opinions to make too much of the justices’ language celebrating or denigrating democratic process. Substantive beliefs about equality… Continue reading
“John Roberts’ Constitutional Avoidance” and Anti-Avoidance
Damon Root writes on the Chief Justice’s decision in Bond. v. US, analogizing it to the Chief’s decision in the health care case.
As I noted the other day, Richard Re saw the avoidance parallels to NAMUDNO.
The important point… Continue reading
@SCOTUSBlog Covers Senate Hearing on Campaign Finance Amendment
Here is Amy Howe’s report.
Geez, seems to speak to SCOTUSBlog’s need for (and usefulneess to the public of) a Senate press credential.
“Amendment Would Allow Congress To Set Political Spending Limits”
Peter Overby reports for NPR.
More from NYT.
“When Did It Become the ‘Me First” Amendment?”
How is the SCOTUS Opinion in Bond Like NAMUDNO?
Richard Re:
The doctrine of one last chance holds that the Court must stay its hand once — but just once — before issuing immediately disruptive decisions. This precept most obviously arose in Northwest Austin Municipal Utility District No.… Continue reading
D.C. Circuit, Sitting En Banc, Will Consider Constitutionality of Ban on Contractor Contributions to Candidates at September Hearing
Yes, One Can Oppose Both Citizens United and a Constitutional Amendment to Overturn It
Or at least I can. See my argument against a constitutional amendment in Three Wrong Progressive Approaches (and One Right One) to Campaign Finance Reform, 8 Harvard Law & Policy Review 21 (2014).
Senate Judiciary committee hearing starting in… Continue reading
Alabama Redistricting Case at SCOTUS Roundup
NYT, WaPo, WSJ
And at Al.com: Could redistricting challenge before U.S. Supreme Court affect Alabama 2014 elections? There’s a precedent for a do-over
As noted this morning the Court noted probable jurisdiction in these cases, limiting the questions… Continue reading
Robert Post’s “Citizens Divided” Book
There are a spate of campaign finance books coming out over the next few months—including books by Robert Post, Bob Mutch, Ken Vogel, Zephyr Teachout, and Timothy Kuhner. I will try to write short reflections… Continue reading