Category Archives: Supreme Court

In Defending Judge Barrett’s Non-Committal on Recusal in a Trump v. Biden Case, Ed Whelan Lies in Saying No One Questioned Whether Justice Ginsburg Would Have to Recuse in an Election-Related Case Given Her Comments About Trump

October 11, 2020, 5:11 pmSupreme CourtRick Hasen

From this ABC report: If Judge Amy Coney Barrett is confirmed and seated by Nov. 3 or shortly after, she could participate in decisions about any election-related petitions. This week, Sen. Chris Coons, D-Del., said Barrett “made no commitment… Continue reading

The Purcell Principle Needs to Be Reined in and David Gans Has the Goods

October 8, 2020, 9:07 amSupreme CourtRick Hasen

I’ve been quite critical of the Purcell Principle, most comprehensively in this piece, Reining in the Purcell Principle. Since I wrote that article, the Court has only made things worse. David Gans, in this careful ACS issue brief, brings… Continue reading

“Trump Officials Ask Supreme Court To Block Order That Extends Census Counting”

October 8, 2020, 8:13 amcensus litigation, Supreme CourtRick Hasen

Hansi Lo Wang for NPR: The Trump administration is asking the Supreme Court to allow counting for the 2020 census to end soon.In an emergency request on Wednesday, Acting Solicitor General Jeffrey Wall said that the Census Bureau must immediately… Continue reading

“Key Legal Fights Over Voting Remain Unresolved As Election Day Draws Close”

October 8, 2020, 8:04 amSupreme Court, The Voting WarsRick Hasen

Pam Fessler for NPR: With so many cases still up in the air, legal experts say it’s difficult to tell whether Democrats or Republicans are coming out ahead. Democrats have won numerous victories — including fending off a Republican effort… Continue reading

Montana Republicans Seek Supreme Court Order to Block Expansion of Montana Mail in Balloting

October 6, 2020, 4:04 pmabsentee ballots, Supreme CourtRick Hasen

This petition faces an uphill battle. Note the attempted distinction between “absentee” and “mail in” ballots and the attempt to argue around the Purcell principle. Note too that this does not come from state defendants objecting to the expansion of… Continue reading

Justice Breyer Rejects Republicans’ Attempt to Scuttle Maine’s Use of Ranked Choice Voting in Upcoming Presidential Vote

October 6, 2020, 3:52 pmalternative voting systems, Supreme CourtRick Hasen

He did not ask for a response. (I had thought there might be some interest at the Court in the issue presented there.)

Reply Brief Filed in Pennsylvania Voting Case, Teeing Up Case for Supreme Court Order at Any Time

October 6, 2020, 10:48 amSupreme CourtRick Hasen

Here’s the reply brief. Update: Here‘s the other reply brief.

“A key fix for an unthinkable election disaster”

October 5, 2020, 9:07 pmSupreme CourtRick Hasen

I have written this piece for CNN Opinion. It begins: With coronavirus infections raging through the White House and the state of the President’s health unclear, it’s time to face up to an unsettling reality. We need to start thinking… Continue reading

In Unusual and Important Move, Democrats in Pennsylvania Voting Case Before Supreme Court Ask Court to Fully Resolve the Issues Before the Election. The Supreme Court Should Listen.

October 5, 2020, 8:50 pmSupreme CourtRick Hasen

I wrote earlier today at Slate about the important case coming out of the Pennsylvania Supreme Court. Here’s part of what I wrote: The final argument that Republicans are advancing is the boldest and perhaps most dangerous one. The argument… Continue reading

“US Supreme Court allows SC vote-by-mail restriction to proceed”

October 5, 2020, 8:37 pmSupreme CourtRick Hasen

Ariane de Vogue for CNN.

Breaking and Analysis: Without noted dissent, Supreme Court reverses 4th Circuit and says South Carolina voters still need to provide witness signatures to cast absentee ballots (except for those who already voted and ballots received within 2 days)

October 5, 2020, 5:18 pmSupreme CourtRick Hasen

You can find the order here. As I explained today in Slate, “In South Carolina, a federal district court held that a requirement that those voting by mail obtain a witness signature unconstitutionally burdened voters’ rights during the… Continue reading

“This Will Be a Critical Week for Pandemic Voting Cases at the Supreme Court”

October 5, 2020, 1:05 pmElection Meltdown, Supreme Court, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: While the nation’s attention has been focused on the president’s COVID-19 diagnosis and the ensuing questions surrounding that, it’s important to remember there will still be an election in one month.… Continue reading

“Trump’s New Supreme Court Is Coming for the Next Dozen Elections”

October 5, 2020, 10:54 amcampaign finance, Supreme Court, Voting Rights ActRick Hasen

I have written this piece for New York. It begins: When Judge Amy Coney Barrett sits for questions before the Senate Judiciary Committee in mid-October, no doubt Democrats will pepper her with questions about whether she would recuse herself in… Continue reading