Category Archives: Supreme Court

“Are Censures of Politicians a Form of Free Speech or a Threat to It?”

August 30, 2021, 7:21 amlegislation and legislatures, Supreme CourtRick Hasen

Adam Liptak in the NYT: Last summer, the City Council in River Falls, Wis., censured a member for calling an opponent of wearing masks during the coronavirus pandemic “a rancid tub of ignorant contagion.”A few days later and a hundred… Continue reading

“Racial Turnout Gap Grew in Jurisdictions Previously Covered by the Voting Rights Act”

August 23, 2021, 1:56 pmSupreme Court, Voting Rights ActRick Hasen

Brennan Center analysis: While in 2012, just before the Shelby County decision, the white-Black turnout gap was shrinking in the states we analyzed, and in many instances even briefly closed, this trend has reversed in the years since. In… Continue reading

Newsom recall lawsuit

August 17, 2021, 6:42 amcourt decisions, political equality, recall elections, Supreme Court, theoryNed Foley

Politico has a story on a new federal lawsuit raising a constitutional challenge to the procedures that California uses for its gubernatorial recall. The lawsuit follows upon a NY Times op-ed from last week by Erwin Chemerinsky and Aaron Edlin,… Continue reading

“On voting rights, Chief Justice Roberts is far from a moderating voice”

August 16, 2021, 6:36 amSupreme Court, Voting Rights ActRick Hasen

Boston Globe reports.

“John Roberts and the Supreme Court might block anything Democrats do on voting rights”

August 11, 2021, 11:01 amSupreme Court, Voting Rights ActDerek Muller

Tierney Sneed at CNN: A key piece of congressional Democrats’ voting rights push faces not only a near-impossible odds of becoming law, but also a daunting court battle in front of a conservative judiciary if it does.The legislation, known… Continue reading

Ninth Circuit finds that some Alaska campaign finance rules violate First Amendment

August 2, 2021, 4:37 amcampaign finance, Supreme CourtDerek Muller

Thanks, Ned, for your terrific insight over the last couple of weeks. And thanks once again, Rick, for this opportunity to join ELB as a contributor, including picking up daily blogging duty for the next couple of weeks. Late last… Continue reading

USA Today analyzes potential impact of Brnovich

July 29, 2021, 11:19 amcourt decisions, Supreme Court, Voting Rights ActNed Foley

Behind a paywall. A snippet: “At a time when more than a dozen conservative states have enacted new voting limitations and no evidence of substantial fraud has emerged from the 2020 presidential contest, election law experts say the lower… Continue reading

The GOP & the VRA: Frenemies?

July 26, 2021, 7:08 pmDepartment of Justice, redistricting, Supreme Court, Voting Rights ActNed Foley

A reader of the blog sent along a link to this article: How to Win a “Long Game”: The Voting Rights Act, the Republican Party, and the Politics of Counter‐Enforcement. Here’s the abstract: ADRIENNE JONES and ANDREW POLSKY examine… Continue reading

Political Conduct and the First Amendment

July 26, 2021, 7:43 amelection law and constitutional law, First Amendment theory, social media and social protests, Supreme Court, The Voting Wars, votingFirst Amendment, Protests, Right of Assembly, voting rightsTabatha Abu El-Haj

Now that I have finished a draft of a new Article, Political Conduct and the First Amendment, I am eager to join the conversation on the ELB. I couldn’t be more thankful to Rick for including me as part… Continue reading

The effect of Brnovich v. DNC on the intentional discrimination lawsuit against Georgia

July 23, 2021, 8:00 amabsentee ballots, Department of Justice, Supreme Court, Voting Rights ActDerek Muller

Over at RealClearPolitics, I have this piece looking at the potential effect of Brnovich v. Democratic National Committee on intentional discrimination claims, including the lawsuit recently filed by the Justice Department against portions of Georgia’s SB 202. Much of the… Continue reading

Ellen Aprill Expresses Concern …

July 19, 2021, 7:45 amcampaign finance, Supreme Court, tax law and election lawNed Foley

… on the implications of the Supreme Court’s new Americans for Prosperity Foundation for IRS rules on donor disclosure applicable to 501(c)(3) groups. Her Tax Notes letter to the editor is also available on SSRN.

Nick Stephanopoulos Speaks Out on Brnovich

July 19, 2021, 7:09 amSupreme Court, Voting Rights ActNed Foley

Calling it an “embarrassment” in this Q&A, Nick expresses views on the majority opinion in Brnovich that are much harsher than mine. Given the inherent ambiguity of section 2 as revised by Congress, and the genuine difficulty of applying… Continue reading

New Voting Laws Face Court Challenges Across the U.S.

July 19, 2021, 6:30 amcourt decisions, election administration, election law and constitutional law, Supreme Court, The Voting Wars, Voting Rights ActNed Foley

WSJ reports on the recent explosion of election-related litigation but also the challenges lawsuits have in light of new rulings like Brnovich.

“How The Roberts Court Laid The Groundwork For 2021’s All-Out Assault On Voting Rights”

July 17, 2021, 6:00 amSupreme Court, Voting Rights ActDan Tokaji

In TPM, an excerpt from Orville Vernon Burton and Armand Derfner’s new book Justice Deferred: Race and the Supreme Court. Here’s the last paragraph of the excerpt: In 1989, in a dissenting opinion, Justice Blackmun made an observation that has… Continue reading