Category Archives: Supreme Court

“Is the Democrats’ Decision to Filibuster Gorsuch Irrational?”

March 29, 2017, 7:01 amSupreme CourtRick Hasen

John McGinnis: Now some academics, like Sandy Levinson, have argued that Democrats lose nothing by filibustering, because the Republicans would just get rid of the filibuster at the time of the next nomination. But that is not at all… Continue reading

What’s the Matter with Gorsuch?

March 28, 2017, 7:37 amSupreme CourtRick Hasen

After watching Judge Gorsuch at his hearings last week, I came away much more worried about the kind of justice he would be on the bench: I saw a kind of arrogance, dismissiveness, and lack of depth that made me… Continue reading

Sen. Leahy Asked Judge Gorsuch About Apparent Error in His Testimony on Citizens United

March 27, 2017, 1:31 pmcampaign finance, Supreme CourtRick Hasen

I explained during the hearing about an apparent error in Judge Gorsuch’s testimony on Citizens United. Senator Leahy has now asked about it, in the written questions to Judge Gorsuch, so we will get a better sense if the… Continue reading

“Williams-Yulee and the Anomaly of Campaign Finance Law”

March 27, 2017, 1:17 pmcampaign finance, judicial elections, Supreme CourtRick Hasen

Noah Lindell has written this comment for the Yale Law Journal. A taste: This Comment enters an existing debate over how courts should analyze campaign finance laws and other election regulations. Judges and authors have noted that the Court has… Continue reading

“S.F. political scientist spots bias in rigged U.S. elections”

March 25, 2017, 11:49 amredistricting, Supreme CourtRick Hasen

James Matson oped in the SF Chronicle: A much-anticipated U.S. Supreme Court showdown soon will decide whether America’s major political parties can continue to rig American elections without violating the Constitution. The case of Whitford vs. Gill will test the… Continue reading

Bob Bauer on Whether Gorsuch Nomination Due Any “Deference”

March 24, 2017, 4:30 pmSupreme CourtRick Hasen

Smart Bob post.

Wisconsin Files Jurisdictional Statement at #SCOTUS in Partisan Gerrymandering Appeal

March 24, 2017, 4:11 pmredistricting, Supreme CourtRick Hasen

Press Release Brief

“Democrats Plan to Filibuster to Thwart Gorsuch Nomination”

March 23, 2017, 7:21 pmSupreme CourtRick Hasen

NYT: Senate Democrats on Thursday vowed to filibuster the Supreme Court nomination of Judge Neil M. Gorsuch, signaling an imminent partisan showdown over the nominee’s fate and the future of century-old rules in the chamber. As committee hearings on Judge… Continue reading

“Could Gorsuch Undo Campaign Finance Disclosure Rules?”

March 23, 2017, 6:28 pmcampaign finance, Supreme CourtRick Hasen

Bloomberg BNA: U..S. Supreme Court nominee Neil Gorsuch has observers wondering if he could be a vote to strike down campaign finance disclosure requirements if he winds up with a seat on the high court. Such rules require candidates and… Continue reading

J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him

March 22, 2017, 9:26 pmSupreme CourtRick Hasen

I have no doubt that a Justice Gorsuch will be awful for progressives on the issues that they care the most about: abortion, affirmative action, campaign finance, voting rights, environmental protection, gun rights, and everything else. I’m even more convinced… Continue reading

Brad Smith and Robbin Stewart on Hasen on Gorsuch on Campaign Finance

March 22, 2017, 8:39 pmcampaign finance, Supreme CourtRick Hasen

Brad Smith (responding to this post) Robbin Stewart (responding to this post)

Will Gorsuch Break With Scalia, Providing 2d (or 3d) Vote To Allow Flood of Undisclosed Money in Elections?

March 22, 2017, 7:49 amcampaign finance, Supreme CourtRick Hasen

The Supreme Court has long upheld the constitutionality of requiring disclosure of the money behind elections, lobbying, and many political activities. In the 1976 Buckley v. Valeo case, the Court held that such disclosure, while implicating First Amendment rights, served… Continue reading