Category Archives: Supreme Court

“Kavanaugh’s Opinion in Wisconsin Voting Case Raises Alarms Among Democrats”

October 28, 2020, 8:50 amElection Meltdown, Supreme CourtRick Hasen

NYT: The Supreme Court decision on Monday barring the counting of mail-in ballots in Wisconsin that arrive after Election Day was not a surprise for many Democrats, who had pressed for it but expected to lose.But a concurring opinion… Continue reading

“The Supreme Court Should Stay Out of State Election Law”

October 28, 2020, 8:29 amBush v. Gore reflections, Supreme CourtRick Hasen

Akhil Amar, Vik Amar, and Neal Katyal NYT oped: Just as they did in the infamous Bush v. Gore litigation in 2000, Republican lawyers are trying to get the Supreme Court to undermine state court rulings protecting voting rights… Continue reading

“Luzerne County Council votes to withdraw motion for Justice Barrett’s recusal”

October 28, 2020, 7:46 amSupreme CourtRick Hasen

PA Home Page: After a second vote, Luzerne County Council voted 7-4 to withdraw the motion to request Justice Barrett’s recusal in the U.S. Supreme Court decision regarding the mail-in ballot extension…. Councilmen Walter Griffith and Haas spoke up saying… Continue reading

“A Newly Sworn In Justice Barrett Faces A Motion To Recuse Herself In Election Case”

October 28, 2020, 7:25 amSupreme CourtRick Hasen

Nina Totenberg for NPR: But as Case Western Reserve law professor Jonathan Adler observes, “as odd as it may seem, federal judges are under no obligation to recuse in cases involving a prior benefactor, and there is no precedent for… Continue reading

“Kavanaugh’s Bush v. Gore citation draws scrutiny ahead of another divisive election”

October 27, 2020, 6:26 pmBush v. Gore reflections, Supreme CourtRick Hasen

Bob Barnes for WaPo.

My New one in the Washington Post: “Kavanaugh has wild ideas about voting. They likely won’t matter on Election Day.”

October 27, 2020, 1:03 pmElection Meltdown, Supreme CourtRick Hasen

I have written this new piece for WaPo’s PostEverything. It begins: Should we panic about Justice Brett M. Kavanaugh’s concurring opinion in the Wisconsin voting case that the Supreme Court decided Monday night? Does it mean that the Supreme Court… Continue reading

“Brett Kavanaugh foreshadows how Supreme Court could disrupt vote counting”

October 27, 2020, 9:35 amElection Meltdown, Supreme CourtRick Hasen

Ariane de Vogue for CNN.

Breaking: Luzerne County, PA Files Motion in Supreme Court for Justice Barrett to Recuse from Deciding Case

October 27, 2020, 8:08 amSupreme CourtRick Hasen

Here: Against this backdrop, and in the aftermath of Justice Barrett’s nomination, a public poll reflected significant concern with her presiding over matters related to the presidential election. The poll, conducted by research firm SSRS on behalf of CNN, asked… Continue reading

I Spoke to NPR’s Morning Edition About the Supreme Court’s Wisconsin Ruling, and What It Portends for any Future Post-Election Litigation with a New Justice Barrett

October 27, 2020, 7:03 amElection Meltdown, Supreme CourtRick Hasen

You can listen here.

“Supreme Court Won’t Extend Wisconsin’s Deadline for Mailed Ballots”

October 26, 2020, 9:06 pmSupreme CourtRick Hasen

Adam Liptak for the NYT: The Supreme Court refused on Monday to revive a trial court ruling that would have extended Wisconsin’s deadline for receiving absentee ballots to six days after the election.The vote was 5 to 3, with the… Continue reading

“Kavanaugh’s argument for rejecting late-arriving ballots is riddled with dubious arguments”

October 26, 2020, 8:45 pmSupreme CourtRick Hasen

Philip Bump for WaPo.

The Kagan-Kavanaugh Dispute Over “Suspicions” of Ballots Arriving after Election Day “Flipping” Election Results

October 26, 2020, 5:31 pmSupreme CourtRick Hasen

This is also worth highlighting from today’s dueling opinions. Justice Kavanaugh: For important reasons, most States, including Wisconsin, require absentee ballots to be received by election day, not just mailed by election day. Those States want to avoid the… Continue reading

Adam Liptak NYT Deep Dive into the Shadow Docket and the Purcell Principle: “Missing From Supreme Court’s Election Cases: Reasons for Its Rulings”

October 26, 2020, 7:47 amSupreme CourtRick Hasen

New Sidebar NYT column from Adam Liptak: At least nine times since April, the Supreme Court has issued rulings in election disputes. Or perhaps “rulings” is too generous a word for those unsigned orders, which addressed matters as consequential as… Continue reading