Category Archives: Supreme Court

“GOP Dark Money Criticisms in Supreme Court Fight Mirror Democrats”

March 18, 2022, 6:55 amcampaign finance, Supreme CourtRick Hasen

Bloomberg Law: Sen. Sheldon Whitehouse (D-R.I.) brought poster boards to Justice Amy Coney Barrett’s 2020 confirmation hearing highlighting the interconnections among conservative groups like the Judicial Crisis Network and the Federalist Society.Now, Republicans have a chance to turn… Continue reading

“Short-Term SCOTUS Win for Democrats, Long Term Worry”

March 14, 2022, 6:58 amSupreme CourtRick Hasen

I spoke to Bloomberg Radio’s June Grasso about the independent state legislature theory and SCOTUS.

Wisconsin Republican Members of Congress File Emergency Supreme Court Petition to Block New Wisconsin Congressional Districts Ordered by State Supreme Court (Link to Petition)

March 10, 2022, 8:47 amredistricting, Supreme CourtRick Hasen

The petition raises due process and one person, one vote arguments, so different than other recent challenges to congressional districting done by state supreme courts and challenged at SCOTUS.

My New One in Slate Tied to Release of “Cheap Speech:” “How Supreme Court Radicalism Could Threaten Democracy Itself”

March 8, 2022, 7:17 amcheap speech, Supreme CourtRick Hasen

In connection with today’s release of my Cheap Speech book, and following up on my NY Times opinion piece yesterday. I have written this piece for Slate. It begins: In the last six years, confidence in our fragile… Continue reading

Today’s Supreme Court Order Upholding the North Carolina Supreme Court’s Ungerrymandering of the State’s Congressional Districts, Could Well Be Temporary and Points to Big, Bad Election Law Precedent Potentially Coming Down the Line

March 7, 2022, 4:34 pmSupreme CourtRick Hasen

Rick Pildes already flagged today’s Supreme Court order in the North Carolina partisan gerrymandering case. And I agree with his bottom line conclusion that the Court is almost certain to take this case, when it comes up in the regular… Continue reading

My New One in the NY Times: “How to Keep the Rising Tide of Fake News From Drowning Our Democracy”

March 7, 2022, 1:11 pmcheap speech, Supreme CourtRick Hasen

I have written this guest essay for the NY Times, tied to the release of my Cheap Speech book tomorrow. It begins: The same information revolution that brought us Netflix, podcasts and the knowledge of the world in our smartphone-gripping… Continue reading

Read Wisconsin’s Emergency Supreme Court Petition Seeking to Overturn Redistricting Maps Approved by State Supreme Court

March 7, 2022, 10:50 amredistricting, Supreme Court, Voting Rights ActRick Hasen

The claim in this petition relates to the Voting Rights Act and racial gerrymandering claims.

“Wisconsin Republicans to appeal redistricting case to U.S. Supreme Court”

March 6, 2022, 12:19 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

Milwaukee Journal Sentinel: A day after losing before Wisconsin’s high court, Republicans detailed plans Friday to take their redistricting fight to the U.S. Supreme Court. Republicans asked the Wisconsin Supreme Court on Friday to block the ruling it issued … Continue reading

“Republicans Want Courts Out of Election Cases”

March 6, 2022, 9:20 amSupreme CourtRick Hasen

Jost on Justice: When the Supreme Court closed federal courthouse doors to partisan gerrymandering cases three years ago, Chief Justice Roberts stressed in Rucho v. Common Cause (2019) that states still had the authority to devise remedies for politically… Continue reading

More Critiques of Strong Version of Independent State Legislature Theory (Josh Douglas, Ian Millhiser, Brennan Center), as NC and PA Cases Pend Before SCOTUS

March 4, 2022, 7:00 amredistricting, Supreme CourtRick Hasen

Josh Douglas for Washington Monthly Ian Millhiser for Vox Ethan Herenstein and Thomas Wolf for the Brennan Center And now some opposition briefs in the PA case (via All About Redistrictin) Chapman (Acting Sec. of the Commonwealth)… Continue reading

Three Briefs Filed at Supreme Court in Opposition to NC Partisan Gerrymandering Case

March 2, 2022, 2:18 pmSupreme CourtRick Hasen

Common Cause State Respondents Harper Plaintiffs Update: A fourth brief in opposition

“The Independent State Legislature Claim, Textualism, and State Law”

March 1, 2022, 8:55 pmSupreme CourtRick Hasen

Carolyn Shapiro has posted this draft on SSRN. Here is the abstract: During the litigation surrounding the 2020 election, the independent state legislature claim (“ISLC”) , emerged as a potentially crucial factor in the presidential election. The ISLC rests on… Continue reading

“As maps fall, GOP tries to neutralize state supreme courts”

February 26, 2022, 8:00 pmredistricting, Supreme CourtRick Hasen

AP: Repeatedly stymied by local courts in their efforts to draw maps that make it easier for their party to win elections, Republicans are trying to neutralize the ability of state supreme courts to interfere in the politically-charged redistricting… Continue reading

My New One at Slate on North Carolina’s Attempt to Get the Supreme Court to Allow It to Return to Partisan Gerrymandering of Congressional Districts

February 25, 2022, 4:48 pmredistricting, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: In a late Friday afternoon filing as war raged in Ukraine and as President Joe Biden announced Judge Ketanji Brown Jackson as his nominee to replace Justice Stephen Breyer on the… Continue reading