and more likely someone is writing a dissent from denial. I have more analysis in this twitter thread. I think it is more likely they’ll take the case out of Pennsylvania.

Nothing on today’s order list about this 800-pound-gorilla of election cases. We could get an order granting a hearing in the case on next week’s order list or a following week, or we could get one or more Justices dissenting… Continue reading

Anthony Gaughan has posted this draft on SSRN (Notre Dame Journal of Law, Ethics and Public Policy). Here is the abstract: This article examines the role of partisanship in Supreme Court election law rulings. To that end, it surveys the… Continue reading

I had a great conversation with Dahlia Lithwick and Joan Biskupic on the Slate Amicus podcast about the weird state of the Supreme Court before the coming storm and the Court’s intersection with the January 6 investigation. You can listen… Continue reading

Adam Liptak NYT Sidebar column: But is there indeed evidence that public opinion influences the court?The justices themselves have suggested that there is at least a correlation between the popular will and judicial outcomes.“Rare indeed is the legal victory… Continue reading

You can find the Court’s order without opinion, and Justice Alito’s dissent for himself and for Justices Gorsuch and Thomas at this link. (Thanks to Steve Mazie for the pointer.) The case involves whether a part of the Civil Rights… Continue reading

A petition for cert is pending before the Supreme Court in Kowall v. Benson. The Supreme Court has called for a response, which doesn’t mean they’re granting cert, but at least marginally increases the likelihood that it would do… Continue reading

I’ve not seen something so ad hominem in a question presented in a cert. petition before:

New Quinnipiac Poll shows growing support for reforms to the Court as more Americans view the Supreme Court as politicized. The focus of the poll is on the direction the Court is going with Roe v. Wade. But the Court’s… Continue reading