“Can We Please Pick the President by Popular Vote Now? The Supreme Court’s unanimous decision in the faithless electors’ case is another reminder of how antiquated and undemocratic the Electoral College is.”
Jesse Wegman NYT column.
Category Archives: Supreme Court
Analysis: Supreme Court Saves the Country from Potential Chaos by Ruling (Unanimously) That States May Replace or Punish “Faithless Electors”
The Court’s decision in Chiafalo (the Washington election case) is at this link. The per curiam opinion in Baca (the Colorado case), with Justice Sotomayor recused, is at this link.
The decision is a great relief because a contrary… Continue reading
Supreme Court Will Not Intervene to Require Texas to Offer No-Excuse Absentee Balloting for Those Under 65 During the Primary
Adam Liptak:
NEW: Supreme Court turns down request from Texas Democrats to allow everyone in the state to vote by mail, not just those over 65 pic.twitter.com/wuQGXnTJhS— Adam Liptak (@adamliptak) June 26, 2020
There is still a pending… Continue reading
Supreme Court, Without Noted Dissent, Won’t Revive District Court Order Blocked by 6th Circuit Allowing Ohio Petition Circulators to Collect Electronic Signatures
SCOTUS won't block lower court ruling that stopped petition gatherers in Ohio from collecting electronic signatures to put measures on the ballot this year pic.twitter.com/MUs50ohue7— Sam Levine (@srl) June 25, 2020
Ohio Petition Signature Gatherers Seek Supreme Court Relief in Covid Case
Read the emergency application for a stay in Thompson v. DeWine.
In Risky Move, Texas Democrats Appeal 5th Circuit Absentee Voting Decision to Supreme Court, Claiming 26th Amendment Violation
You can find the cert petition here and application to vacate the 5th circuit’s stay of the district court order here. Here is the question presented: “Does Texas’s limitation of the right to cast a no-excuse mail-in ballot to… Continue reading
“U.S. Supreme Court won’t hear challenge to Montana campaign finance law”
Bozeman Daily Chronicle:
The U.S. Supreme Court on Monday declined to take up a case that challenged Montana’s law on disclosing the spending for political ads within 60 days of an election.In August 2019, the 9th U.S. Circuit Court of … Continue reading
Franita & Foley Podcast Talks to Derek Muller About the Faithless Electors Lawsuit
“Supreme Court Seems Ready to Curb ‘Faithless Electors’”
Adam Liptak for the NYT:
The Supreme Court seemed ready on Wednesday to allow states to require members of the Electoral College to cast their votes for the presidential candidates they had pledged to support.In two arguments concerning “faithless electors”… Continue reading
“Going rogue; America’s Supreme Court considers the rights of ‘faithless’ presidential electors”
Steve Mazie for The Economist.
“Supreme Court Unanimously Overturns ‘Bridgegate’ Convictions”
NYT:
The Supreme Court on Thursday unanimously overturned the convictions of two defendants in the “Bridgegate” scandal.The case resulted from a decision in 2013 by associates of Chris Christie, then the governor of New Jersey, to close… Continue reading
Revised Version of My Forthcoming Georgetown L.J. Online Paper, The Supreme Court’s Pro-Partisanship Turn, Now Available
Here at SSRN.
“The Real Vote Suppression Threat; The Supreme Court weighs whether Electoral College electors can vote their preference for president rather than the choice of their state.”
Linda Greenhouse NYT column.
“James Madison, Citizens United, and the Constitutional Problem of Corruption”
Tony Gaughan has posted this draft on SSRN (American U. L. Rev.). Here is the abstract:
One of the most controversial decisions in the modern history of the Supreme Court is Citizens United v. Federal Election Commission. In a 5-4… Continue reading