“The Court Is Likely to Reject the Independent State Legislature Theory; And that offers hope for American democracy”
Judge Luttig in The Atlantic.
Category Archives: Supreme Court
Justice Thomas addresses ProPublica report on luxury travel gifts
NPR has his full statement:
Harlan and Kathy Crow are among our dearest friends, and we have been friends for over twenty-five years. As friends do, we have joined them on a number of family trips during the more… Continue reading
Breaking: DC Circuit Decides Case About “Obstruct[ing]” “Official Proceedings” with Major Implications for Prosecution of January 6 Rioters for Invading U.S. Capitol, and Potentially Trump
A divided three-judge panel of the D.C. Circuit, siding with almost all of the district court decisions considering the question, has held that some of those who invaded the U.S. Capitol on January 6, 2021 could be charged under a… Continue reading
Richard Bernstein: “The U.S. Supreme Court Should Vacate and Remand in Moore v. Harper”
The following is a guest post from Richard Bernstein, who wrote this amicus brief in Moore v. Harper but who expresses his own views here:
Although I wrote and joined an amici brief supporting affirmance in Moore v. Harper, recent… Continue reading
It appears the Supreme Court will retain jurisdiction over Moore v. Harper, but it’s not a sure thing
Earlier this month, I highlighted the confusion around the jurisdictional issue in Moore v. Harper now that the North Carolina Supreme Court granted rehearing in Harper II and is reconsidering the holding in Harper I (i.e., the case the Court… Continue reading
United States Solicitor General, State Respondents in Moore v. Harper Case Suggest Supreme Court Dismiss the Case as Improvidently Granted; Common Cause and Legislative Petitioners Want to Court to Keep Independent State Legislature Case Going [Updated]
So far, no brief yet from the state legislative respondents. Here are the other briefs:
Mar 20 2023Supplemental letter brief of United States submitted.Main DocumentMar 20 2023Supplemental letter brief of Common Cause submitted.Main DocumentMar 20 2023Supplemental… Continue reading
Two federal courts have recently found that states have no sovereign immunity under the Elections Clause
To continue my sovereign immunity discussion from yesterday, a federal court last year found that Congress did not abrogate state sovereign immunity under the Voting Rights Act. Congress must do so with “unmistakable clarity” when enforcing the Reconstruction Amendments,… Continue reading
“Confusion Shrouds High Court Election Case With 2024 on Horizon”
Kimberly Strawbridge Robinson for Bloomberg Law:
The US Supreme Court’s surprise decision to seek additional briefing in a North Carolina voting case could push an open question on the role of state officials in setting federal election rules into 2024.… Continue reading
“Final judgment,” not mootness, at issue in latest Moore v. Harper twist
Rick H. links to the Supreme Court’s order in Moore v. Harper requesting more briefing. According to the Supreme Court’s docket, no party has raised the fact of the rehearing scheduled in the North Carolina Supreme Court, which has… Continue reading
“How a Supreme Court justice’s paragraph put the Voting Rights Act in more danger”
Hansi Lo Wang for NPR:
The roots of the next potential U.S. Supreme Court showdown that could further weaken the Voting Rights Act’s protections against racial discrimination can be traced to a handful of sentences by Justice Neil Gorsuch.… Continue reading
“Mississippi Racial Gerrymandering Case Dismissed in U.S. Supreme Court”
Mississippi Free Press:
The U.S. Supreme Court today declined to hear Buck v. Reeves, a case alleging that the state’s congressional maps are racially gerrymandered. The decision affirms that Mississippi is no longer required to get federal preclearance for… Continue reading
#ELB20th: Ellen Katz: Don’t Change A Thing?
The following is a guest post from Ellen Katz, part of the #ELB20th Anniversary retrospective:
Don’t Change A Thing?
I found myself humming this early 80s INXS song shortly after receiving Rick’s kind invitation to post something marking the… Continue reading
Why Haven’t the Parties in Moore v. Harper (At Least Publicly) Alerted the Supreme Court That The Case May Be Mooted by the North Carolina Supreme Court?
With news today that the Supreme Court cancelled oral argument in the Title 42 case on immigration after the Biden DOJ informed the Court that the Title 42 policy will end in a few months with the end of the… Continue reading
#ELB20th: 20 Years of the Election Law Blog, and 20 Years of American Democracy’s Slow (and Faster) Deterioration: A Call for Vigilance and Resilience
Twenty years ago this month, I began the Election Law Blog. It was a continuation of sorts of news and commentary that I had been sharing with election law professors, first via a listserv Dan Lowenstein and I created that… Continue reading