Category Archives: Supreme Court

“Will the Supreme Court Revive the Dangerous Fringe Election Theory It Just Rejected?”

September 20, 2024, 7:22 amlegislation and legislatures, Supreme CourtRick Hasen

Anna Jessurun in Slate: As several scholars predicted, ISLT proponents have now seized on the language in Moore to argue that state supreme court decisions that invalidate state election laws on state constitutional grounds violate the elections clause. This spring, the … Continue reading

Doomcasting continues to overstate the case for a presidential election going to the House of Representatives

September 19, 2024, 3:49 pmelection administration, electoral college, Supreme CourtDerek Muller

Justin Levitt‘s excellent piece earlier this election season, “Get Ready for the Scourge of Election Season: Electoral-Process Porn,” is well worth another read. That’s because a new round of paranoia about the 2024 election continues to spread. There are… Continue reading

Download the Revised Draft of My Forthcoming Yale Law Journal Piece, “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”

September 16, 2024, 8:15 amelection subversion risk, Supreme Court, The Voting Wars, Voting Rights ActRick Hasen

You can find the revised draft here. The new draft incorporates discussion of the Supreme Court shadow docket order in the Arizona voter registration case and greatly expands Part III of the paper, discussing democratic theory and international human… Continue reading

Blockbuster NYT Reporting from Jodi Kantor and Adam Liptak Reveals Key Details on Trump v. Anderson, the Trump Immunity Case, and the Fischer Obstruction Case, Showing a Conservative Majority Less Willing to Compromise

September 15, 2024, 9:34 amelection subversion risk, Supreme CourtRick Hasen

This reporting is remarkable, not only for its substance but for the fact that so much inside information has been leaked. (This is the biggest leak since the leak of the draft Dobbs abortion decision, although this of course is… Continue reading

“Fontes asks Mayes to explain how AZ can implement reinstated voter registration law”

September 14, 2024, 11:12 amelection administration, Supreme CourtRick Hasen

Arizona Mirror: Arizona Secretary of State Adrian Fontes wants Attorney General Kris Mayes to provide elections officials guidance on how Arizona can enforce part of a voter registration law that the U.S. Supreme Court recently allowed to go into… Continue reading

“Trump’s former lawyer asks SCOTUS to put Green Party’s Stein on Nevada’s ballot”

September 13, 2024, 4:44 pmballot access, Supreme CourtRick Hasen

Chris Geidner reports at Law Dork.

“Sweeping Section Three under the Rug: A Comment on Trump v. Anderson”

September 12, 2024, 8:32 amelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

William Baude and Michael Stokes Paulsen have posted this draft on SSRN (forthcoming Harvard Law Review). Here is the abstract: In Trump v. Anderson, the Supreme Court was confronted with the explosive question of whether former President Donald Trump was constitutionally… Continue reading

“Purcell Principles for States Courts”

September 12, 2024, 8:04 amelection administration, Supreme CourtRick Hasen

Robert Yablon and Derek Clinger have posted this draft on SSRN (forthcoming, Wisconsin Law Review). Here is the abstract: In recent years, the U.S. Supreme Court has stressed that federal courts ordinarily should not issue remedies, such as preliminary injunctions,… Continue reading

Codrington: “Unprincipled All the Way Down”

September 10, 2024, 7:07 amSupreme CourtRick Hasen

Wilfred Codrington has posted this draft on SSRN (forthcoming, Washington and Lee Law Review). Here is the abstract: In 2006, the Supreme Court issued an emergency stay order in Purcell v. Gonzalez. Sparing in words and inattentive to the realities on… Continue reading

En Banc Sixth Circuit Rejects Challenge to Federal Campaign Finance Rules Limiting Coordinated Spending Between Candidates and Parties, with Strong Hint SCOTUS Will Strike the Limits Down

September 5, 2024, 5:16 pmcampaign finance, Supreme CourtRick Hasen

I have been waiting for this issue to get back to the Supreme Court for a while, and this is just the vehicle that could get it there. I don’t expect the Court, if it considers the issue, to uphold… Continue reading

“Moore v. Harper, Evasion, and the Ordinary Bounds of Judicial Review”

September 5, 2024, 9:04 amlegislation and legislatures, Supreme CourtRick Hasen

David Gans, Brianne Gorod, and Anna Jessurun have posted this draft on SSRN (forthcoming, Boston College Law Review). Here is the abstract: In Moore v. Harper, the Supreme Court confronted head on for the first time the so-called independent state… Continue reading

“The Supreme Court is sowing confusion over how it will handle election disputes this fall”

August 27, 2024, 6:56 amSupreme CourtRick Hasen

John Fritze for CNN on SCOTUS and Purcell.

Why Derek is Wrong about the Purcell Principle in the Latest Arizona Case

August 26, 2024, 3:04 pmSupreme CourtRick Hasen

Derek tries mightily to justify under the Purcell Principle the Supreme Court’s order allowing Arizona, in the weeks before early voting begins, to change one of the rules for voter registration in the state, but not all three of the… Continue reading

Purcell is about court-ordered changes to election administration–not all things that affect election administration

August 26, 2024, 11:27 amSupreme CourtDerek Muller

While I appreciate Rick H.’s critique of the Court’s decision in RNC v. Mi Familia Vota, I find myself in disagreement. He notes, “This is a change from the past when they could vote at least in federal races. It’s… Continue reading

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