Category Archives: Supreme Court

Originalist and Textualist Justices Should Reject Argument that First Amendment Includes Right to Anonymous Association, and Instead Apply Well-Established Exacting Scrutiny in AFP Case

April 27, 2021, 8:58 amSupreme CourtRick Hasen

Yesterday I wrote about how I understood the oral argument in AFP v. Bonta. Today I want to highlight some points raised by Justices Gorsuch, Kavanaugh, and Barrett about whether the First Amendment includes a right to anonymously associate. You… Continue reading

“Supreme Court Wary of Donor Disclosure Requirement for Charities”

April 27, 2021, 7:06 amcampaign finance, Supreme CourtRick Hasen

Adam Liptak for the NYT: The Supreme Court on Monday seemed skeptical of California’s demand that charities soliciting contributions in the state report the identities of their major donors.A majority of the justices appeared to agree that at least the… Continue reading

Thoughts on Today’s Oral Argument in the AFP v. Bonta Case in the U.S. Supreme Court: California Will Lose, But the Question is How It Will Lose and What the Case Will Mean for Campaign Finance Disclosure

April 26, 2021, 8:54 amcampaign finance, Supreme CourtRick Hasen

I just listened to the oral argument in this case (listen here). You can read my tweet thread. Here is my general takeway: California is likely to lose. It collected donor information for law enforcement purposes but allowed… Continue reading

“The Supreme Court’s Looming Dark Money Decision”

April 25, 2021, 2:58 pmcampaign finance, Supreme CourtRick Hasen

Ciara Torres-Spelliscy on AFP.

“Democrats press Supreme Court Justice Amy Coney Barrett to recuse in major First Amendment case”

April 20, 2021, 8:25 amSupreme CourtRick Hasen

USA Today: Three Democratic lawmakers are pressing Supreme Court Justice Amy Coney Barrett to recuse herself from one of the court’s highest profile cases this term because of her ties to the conservative nonprofit that filed the appeal. A foundation… Continue reading

“The Supreme Court hears a case next week that could make Citizens United even worse”

April 19, 2021, 7:36 amcampaign finance, Supreme CourtRick Hasen

Ian Millhiser for Vox: The Supreme Court will hear a major case on April 26 that could fundamentally alter the Court’s approach to laws requiring political organizations to disclose their donors — a change that could make it much easier… Continue reading

Supreme Court Dismisses as Moot the Last Pending Challenge Out of Pennsylvania to 2020 Election (No Noted Dissents)

April 19, 2021, 6:59 amSupreme CourtRick Hasen

Bognet on the order list.

“The 2020 election still hovers over the Supreme Court with another pending Pennsylvania case”

April 18, 2021, 7:47 pmlegislation and legislatures, Supreme CourtRick Hasen

Ariane de Vogue for CNN: Five months after the presidential election and nearly 100 days into President Joe Biden‘s term, the Supreme Court is still considering whether to take up a case related to voting rights in the battleground… Continue reading

Some Thoughts on the Deliberate Mildness of Biden’s Supreme Court Commission

April 12, 2021, 7:08 amSupreme CourtRick Hasen

A discussion on Twitter with Jamal Greene. (Note that the post below about joining the Commission is from Rick Pildes—there has been some confusion.)

“Supreme Court’s Bridgegate Ruling Casts Shadow on Federal Fraud Cases”

April 12, 2021, 7:05 ambribery, Supreme CourtRick Hasen

WSJ: A Supreme Court decision that threw out the fraud convictions of two political aides to former New Jersey Gov. Chris Christie is rippling through other white-collar cases, possibly buttressing appeals by other defendants who say federal prosecutors have become… Continue reading

“Trump-era grievances could get second life at Supreme Court”

April 8, 2021, 7:36 amSupreme CourtRick Hasen

John Kruzel for The Hill: The Supreme Court’s most conservative justices are signaling an interest in issues closely associated with former President Trump, from rules on social media platforms to how elections are governed. Justice Clarence Thomas this week… Continue reading

“Court fight against Georgia voting overhaul no sure thing”

March 28, 2021, 4:12 pmSupreme Court, Voting Rights ActRick Hasen

Mark Sherman for AP: Richard Hasen, an election law expert at the University of California at Irvine law school, said the outcome is hard to predict. “Many of the things that the bill does are in line with what other… Continue reading

“How the Supreme Court laid the path for Georgia’s new election law”

March 28, 2021, 4:07 pmSupreme Court, Voting Rights ActRick Hasen

Joan Biskupic for CNN: Georgia’s voter restrictions were dashed into law Thursday by Republicans shaken over recent election losses and lies about fraud from former President Donald Trump, yet the measures also developed against a backdrop of US Supreme Court… Continue reading

Supreme Court Will Hear Major Case on Disclosure of Donors to Nonprofits on April 26

March 13, 2021, 7:14 pmSupreme CourtRick Hasen

SCOTUSBlog on the argument calendar: Americans for Prosperity v. Becerra and Thomas More Law Center v. Becerra (consolidated for one hour of oral argument on April 26): Whether a California policy that requires charities to disclose the names and addresses… Continue reading