Category Archives: Supreme Court

Ned Foley: “Is Texas v. Pennsylvania an obituary for Bush v. Gore?”

December 12, 2020, 4:12 pmBush v. Gore reflections, Supreme Court, The Voting WarsRick Hasen

The following is a guest post by Ned Foley, on the 20th anniversary of the Supreme Court’s decision in Bush v. Gore: On the evening before the twentieth anniversary of Bush v. Gore, one of the most infamous Supreme Court… Continue reading

“Deciphering, rewriting, and potentially retitling Justice Alito’s separate statement in Texas v. Pennsylvania”

December 12, 2020, 3:27 pmSupreme CourtRick Hasen

Howard Bashman: Thanks to everyone who has taken time to respond to my tweet from last night seeking views on whether yesterday evening’s U.S. Supreme Court order was unanimous in rejecting Texas’ effort to overturn the outcome of the 2020… Continue reading

Breaking: Supreme Court, Sort of Unanimously, Rejects Texas’s Case, Ending Ridiculous, But Also Dangerous, Litigation. What’s Next?

December 11, 2020, 3:53 pmElection Meltdown, Supreme CourtRick Hasen

The Supreme Court dismissed Texas’s bill of complaint in the latest high-profile case pushed by Trump allies in an attempt to overturn the results of the election. The Court did not issue an accompanying opinion. [Addendum: The court did say… Continue reading

Must-Read from Tom Goldstein: “Don’t just deny Texas’ original action. Decimate it.”

December 11, 2020, 11:10 amElection Meltdown, Supreme CourtRick Hasen

Tom Goldstein at SCOTUSblog: Texas’ attempt to bring an original action challenging the election results in four states is not a serious legal claim in a legitimate procedural posture, for reasons that many people have already given and that I… Continue reading

“In Blistering Retort, 4 Battleground States Tell Texas to Butt Out of Election”

December 10, 2020, 8:57 pmfraudulent fraud squad, Supreme CourtRick Hasen

NYT: In blistering language denouncing Republican efforts to subvert the election, the attorneys general for Pennsylvania, Michigan, Wisconsin and Georgia asked the Supreme Court on Thursday to reject a lawsuit that seeks to overturn the victories in those states by… Continue reading

“With time running out, Trump and GOP allies turn up pressure on Supreme Court in election assault”

December 10, 2020, 8:39 pmfraudulent fraud squad, Supreme CourtRick Hasen

WaPo: With his legal options dwindling and time running out before a key electoral college deadline, President Trump on Thursday ramped up pressure on the Supreme Court to help overturn Joe Biden’s victory, gaining the support of more than 100… Continue reading

“More than half of House Republicans support Texas lawsuit challenging election results”

December 10, 2020, 8:36 pmfraudulent fraud squad, Supreme CourtRick Hasen

WaPo: A majority of House Republicans have signed onto an amicus brief in a Texas lawsuit seeking unprecedented judicial intervention in disallowing millions of votes and the election results from four key swing states that went for President-elect Joe Biden.Rep.… Continue reading

WSJ Editorializes Against Texas’s Attempt to Steal the Election at the Supreme Court

December 10, 2020, 8:27 pmSupreme CourtRick Hasen

Read it here.

Pennsylvania Skewers Texas in Supreme Court Filing in Which Texas Seeks to Overturn Election Results in 4 States (including PA)

December 10, 2020, 11:37 amfraudulent fraud squad, Supreme CourtRick Hasen

From the filing: Since Election Day, State and Federal courts throughout the country have been flooded with frivolous lawsuits aimed at disenfranchising large swaths of voters and undermining the legitimacy of the election. The State of Texas has now… Continue reading

Supreme Court Ducks Issue from Delaware About Whether States Can Mandate Partisan Balance on Their Courts

December 10, 2020, 7:49 amjudicial elections, Supreme CourtRick Hasen

The Court in Carney v. Adams found that the plaintiff lacked standing because he was not ready and able to serve as a judge.

Must-read Lisa Manheim: “Texas can’t block votes cast in other states. Absurdly, it’s trying.”

December 9, 2020, 7:35 pmfraudulent fraud squad, Supreme CourtRick Hasen

Lisa Manheim in WaPo: The litigation is legally incoherent, factually untethered and based on theories of remedy that fundamentally misunderstand the electoral process. At the core, it is an uninspired retread of the many state-level claims that already have imploded… Continue reading

It Appears That Trump’s Motion to Intervene in Bogus Texas Lawsuit to Overturn the Result of the Election Was Ghost-Written By Lawyer for Texas

December 9, 2020, 2:28 pmchicanery, Supreme CourtRick Hasen

The Justices will not be amused: So the John Eastman brief for Trump was ghost-written by the guy who drafted Texas's brief that the Eastman brief supports?Oh my.The Supreme Court will not appreciate the sock-puppetry, especially in a case… Continue reading

“How the Supreme Court Can Swiftly Dispose of the Texas Lawsuit Seeking to Overturn the Election”

December 9, 2020, 1:15 pmSupreme CourtRick Hasen

Ilya Somin at Volokh: Yesterday, the state of Texas filed a lawsuit essentially asking the Supreme Court to reverse the outcome of the presidential election in four key swing states—Georgia, Michigan, Pennsylvania, and Wisconsin, thereby potentially giving Donald Trump a… Continue reading

Should Justice Barrett Have Recused Herself in the Rep. Kelly Emergency Petition Seeking to Throw Out Pennsylvania’s Electoral College Votes? What About in the Pending Texas Case?

December 9, 2020, 8:21 amSupreme CourtRick Hasen

I raise this as a question, as I am not an expert in judicial ethics. But I did think (and argued) that Justice Barrett should recuse in any Trump-related election litigation. Trump was not a party in t… Continue reading

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