Category Archives: Supreme Court

Travis Crum: The Consequences of Overturning Shaw and the Continuing Relevance of Section 2

March 24, 2025, 7:23 amSupreme Court, Voting Rights ActRick Hasen

The following is a guest post from Travis Crum: Over the weekend, Rick Pildes published a response to my post—which built on a recent essay—calling on the Supreme Court to overturn Shaw’s racial gerrymandering cause of action in Louisiana … Continue reading

Oral argument preview in Louisiana v. Callais

March 23, 2025, 7:00 amredistricting, Supreme CourtDerek Muller

Here’s SCOTUSblog on Louisiana v. Callais (consolidated with Robinson v. Louisiana), an appeal from a three-judge panel on a racial gerrymandering claim. Argument will take place 10 am ET Monday, March 24. Some oral argument previews: CBS News The Center … Continue reading

Crum: “Questioning Shaw in Callais”

March 21, 2025, 6:58 amredistricting, Supreme CourtDerek Muller

The following is a guest post from Professor Travis Crum: On Monday, the Supreme Court will hear oral argument in Louisiana v. Callais, a Shaw challenge to Louisiana’s congressional redistricting plan. This is the first time the Court will… Continue reading

“Aftershocks of Supreme Court’s Immunity Ruling Echo in New Trump Cases”

March 10, 2025, 7:59 amSupreme CourtRick Hasen

Adam Liptak for the NYT: The first case cited as precedent in the first Supreme Court brief filed by lawyers for President Trump since he took office this year was Trump v. United States, the July decision that gave… Continue reading

Morgan Kousser: “A New Coverage Scheme for Section 5 of the Voting Rights Act”

March 6, 2025, 6:42 amSupreme Court, Voting Rights ActRick Hasen

The great Morgan Kousser has written this article for ELJ. Here is the abstract: Ever since the coverage scheme for Section 5, the preclearance section of the Voting Rights Act, was struck down by the U.S. Supreme Court in the… Continue reading

“Can the Media’s Right to Pursue the Powerful Survive Trump’s Second Term?”

March 3, 2025, 1:27 pmauthoritarian threats in US, First Amendment theory, Supreme CourtRick Hasen

David Enrich in NYT Magazine.

“Government Workers Cannot Be Fired for Their Political Views”

February 15, 2025, 2:35 pmSupreme CourtRick Hasen

John Langford and Erica Newland in The Atlantic: Political-patronage systems promote corruption at the expense of effective governance, and Americans grew dissatisfied with the cronyism and moblike rule that flowed from the spoils system. Following decades of effort to enact… Continue reading

“Elections, Courts, and Democratic Crisis: Constitutional Structure and the 2020 Election Cases”

February 13, 2025, 1:08 pmSupreme CourtRick Hasen

Manoj Mate has posted this draft on SSRN (forthcoming, University of Chicago Legal Forum). Here is the abstract: This essay analyzes how the U.S. constitutional order responds to democratic crisis, by examining how the Supreme Court adjudicated cases related to… Continue reading

Must-Read Bloomberg Law Deep Dive: “Voting Rights Claims Plunge in Wake of Supreme Court Decision”

February 12, 2025, 7:15 amSupreme Court, Voting Rights ActRick Hasen

I’ve been waiting to see the results of this study, and it’s consistent with my own research and what I’ve written for my upcoming Yale Law Journal Feature about how Brnovich killed Section 2 vote denial cases: After the Supreme… Continue reading

“Supreme Court Signals That Landmark Libel Ruling Is Secure”

February 10, 2025, 7:36 amFirst Amendment theory, Supreme CourtRick Hasen

Adam Liptak for the NYT: Starting in 2019, Justice Clarence Thomas has repeatedly called for the Supreme Court to reconsider New York Times v. Sullivan, the landmark First Amendment decision that made it hard for public officials to prevail… Continue reading

25th Anniversary of Bush v. Gore Two-Day Conference at Florida State

February 10, 2025, 7:21 amBush v. Gore reflections, Supreme CourtRick Hasen

I went to the first conference on Bush v. Gore at Florida State back right when the case was decided, and I’m very excited to be going back for this event with an amazing group on Feb. 28 and March… Continue reading

“Suit Over Firing by Trump Could Pave Way for Broader Presidential Power”

February 7, 2025, 7:37 amSupreme CourtRick Hasen

Adam Liptak for the NYT: When Gwynne A. Wilcox sued President Trump on Wednesday over her firing from the National Labor Relations Board, her lawsuit included an unusually candid statement. Ms. Wilcox knew, she said, that Mr. Trump was hoping… Continue reading

ELB Podcast 6:5: Fair Elections and Voting Rights: What Ahead in the Next Four Years? (Gardner, Karlan, Richer)

February 5, 2025, 5:08 pmELB Podcast, legislation and legislatures, Supreme Court, voting, Voting Rights ActRick Hasen

Season 6, Episode 5 of the ELB Podcast: What will the new Trump Administration and the new Congress do when it comes to voting rights and fair elections? What challenges face state and local election officials going forward? Will the… Continue reading

Pennsylvania Republicans, in Jones Day Petition, Try Again to Get U.S. Supreme Court Interested in Second Guessing State Election Law Decisions Through Independent State Legislature Theory

February 4, 2025, 1:32 pmlegislation and legislatures, Supreme CourtRick Hasen

SCOTUS recently passed on taking up a case out of Montana, but Pennsylvania Republicans are trying again, with this cert petition involving a PA Supreme Court ruling allowing under state law those voters who filed a technically defective mail-in ballot… Continue reading