Petitioners File Their Opening Supreme Court Brief on the Merits in Moore v. Harper, the Independent State Legislature Case
You can read the brief here.
Category Archives: Supreme Court
Watch Archived Video of Safeguarding Democracy Project Webinar, “Moore v Harper, the Independent State Legislature Theory and Potential Threats to American Democracy,” with Vik Amar, Derek Muller, Rick Pildes, Carolyn Shapiro, and Franita Tolson
You can watch the event that I moderated, from UCLA Law’s Safeguarding Democracy Project, here:
“The Truly Scary Part of the $1.6 Billion Conservative Donation; It’s not about the legality. It’s about the loop.”
I have written this piece with Dahlia Lithwick for Slate. It begins:
On Monday, the New York Times broke the news that last year conservative mastermind Leonard Leo had obtained control over $1.6 billion through something called the “Marble Freedom… Continue reading
Breaking: Georgia Gives Up Seeking Emergency Relief after Supreme Court Loss, Will Run Elections for Public Service Commissions Using Districts to Remedy Likely Voting Rights Act Violation
Following up on this post, Georgia has raised the white flag, at least for this election. That’s even after the 11th Circuit set a lightning fast briefing schedule to consider a stay on remand from the Supreme Court.
Breaking: Supreme Court Reverses Eleventh Circuit in Georgia Voting Rights Suit Finding Georgia Secretary of State Conceded Purcell Principle Could Not Apply; Remands for Further Proceedings (No Noted Dissents) [Updated 11th Circuit Order on Remand]
Georgia’s failure to use districts for electing certain statewide officials was found to violate the Voting Rights Act, and the district court required the use of districts in an upcoming election. The Eleventh Circuit put that ruling on hold, apply… Continue reading
“Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform”
Genevieve Nadeau and Helen White for Just Security:
During the recent Senate Rules Committee hearing on Electoral Count Act reform, Senator Angus King (I-ME) asked a question that seems to be on many minds: What is the independent state… Continue reading
Plaintiffs in Georgia Voting Rights Suit File Emergency Application to Vacate Stay with Supreme Court, Seeking District Elections for Public Service Commissioners. Case Raises Major Purcell Issue
11th Circuit, Over Strong Dissent by Judge Rosenbaum over Application of the Purcell Principle, Stays Order Delaying Georgia Public Utility Commission Elections with At-Large Plan Likely to Violate Voting Rights Act [corrected title]
You can find the opinion and dissent here.
In my view (consistent with the views in my article identifying the “Purcell principle”), Judge Rosenbaum’s integration of Purcell into the broader Nken standard for considering emergency relief is the right… Continue reading
“We have reached the apex of election-fraud debunking”
Philip Bump in WaPo, on the report issued yesterday by eight prominent conservatives, including Ted Olson, Ben Ginsberg, Michael McConnell, and Judge Luttig:
[M]illions of people believe that the election was stolen. So how might they be dissuaded? Perhaps… Continue reading
Cert. Petition Asserts Racial Gerrymandering of PA State Legislative Districts
Here’s the question presented by the cert petition in Benninghoff v. 2021 Legislative Reapportionment Commission, brought by Pennsylvania’s Republican House Majority Leader:
Pennsylvania’s Legislative Reapportionment Commission admittedly made extensive use of race in constructing up to 14 state legislative… Continue reading
Bob Bauer and Jack Goldsmith: The North Carolina Case in Perspective: and Why the Danger of a Subverted Presidential Election Lies Elsewhere
The following is a guest post from Bob Bauer and Jack Goldsmith:
A wave of panic greeted the Supreme Court’s recent announcement that it will review a case involving North Carolina’s gerrymandered congressional map. The ultimate concern is that… Continue reading
CLC on “The Supreme Court’s Role in the Degradation of U.S. Democracy”
From the first page of the hard-hitting report, available here, that Campaign Legal Center released today:
The time has come to talk about what the Supreme Court is doing to American democracy. For more than half a century—roughly during… Continue reading
“The Case That Could Blow Up American Election Law”
Tom Wolf and Ethan Herenstein of the Brennan Center in the Atlantic:
Members of the Supreme Court’s conservative supermajority just last week took the next step in a little-noticed, but extremely dangerous, project: attempting to jam into law a radical… Continue reading
“How the Supreme Court could make it legal to steal the next presidential election”
Jessica Levinson in MSNBC on Moore v. Harper: “Our conservative Supreme Court stands ready to allow states to legally steal presidential elections by blessing a right-wing legal theory called independent state legislature doctrine. It is not an overstatement to… Continue reading