Category Archives: Supreme Court

Must-read NYT Deep Dive that Helps Explain SCOTUS Argument Monday in Murthy v. Missouri: “How Trump’s Allies Are Winning the War Over Disinformation”

March 17, 2024, 12:04 pmcheap speech, chicanery, Supreme CourtRick Hasen

It’s a complex story because concern about government jawboning is real but the mendacious attack on those who fought disinformation in the 2020 election is having major reverberations for 2024. Jim Rutenberg and Steven Lee Myers lay it all out:… Continue reading

“Why the Supreme Court Should Clear the Way for a Pre-Election Trump Trial”

March 11, 2024, 10:05 amSupreme CourtRick Hasen

Kate Shaw in the NYT: In other words, in the Jan. 6 case brought by the special counsel Jack Smith, as important as what the court decides is when it decides. Slow-walking the case would be tantamount to a ruling… Continue reading

“Supreme Court’s Delay Creates Uncertainty for South Carolina Election”

March 8, 2024, 4:15 pmredistricting, Supreme CourtRick Hasen

Jimmy Hoover for National Law Journal: New candidates are throwing their hats in the ring in Republican Rep. Nancy Mace’s South Carolina congressional district despite a court ruling last year striking down the GOP drawn map as an unconstitutional “racial… Continue reading

“Trump ballot ruling raises new questions even as it answers others”

March 8, 2024, 7:51 amlegislation and legislatures, Supreme CourtRick Hasen

Patrick Marley for WaPo: The Supreme Court quickly and unanimously resolved a case this week that had divided legal scholars for months, clearing a path for Donald Trump to remain on the ballot for president nationwide. But in doing so,… Continue reading

“Justice Clarence Thomas was the deciding vote in a case he never should have heard”

March 6, 2024, 1:15 pmconflict of interest laws, Supreme CourtRick Hasen

Kimberly Atkins Stohr Boston Globe column: Even before the Supreme Court practically nullified the 14th Amendment’s clause banning insurrectionists and their supporters from seeking federal office, another decision all but ensured that outcome. And it was made by a… Continue reading

LOL

March 6, 2024, 10:51 amSupreme CourtRick Hasen

Supreme Court will hear Trump immunity appeal on the last day of the argument term, April 25. Earlier: It’s Past Time to Quit Hoping the Courts Are Going to Stop Trump.

Is the internal dispute in Trump v. Anderson a tempest in a teapot?

March 6, 2024, 6:39 amSupreme CourtDerek Muller

The more I try to parse out the dispute between the majority’s Part II-A of its opinion (and other language) and the opinion concurring in the judgment in Trump v. Anderson, the less confident I am that I understand… Continue reading

My New One at Slate: “The Supreme Court Just Delivered a Rare Self-Own for John Roberts”

March 5, 2024, 3:25 pmSupreme CourtRick Hasen

I have written this piece for Slate. It begins: The Supreme Court’s unsigned majority opinion in Trump v. Anderson, ending Colorado’s attempt to disqualify Donald Trump from appearing on the ballot as an insurrectionist, is a remarkable self-own. It… Continue reading

I Spoke to Michel Martin of NPR’s “Morning Edition” About the Ruling in the Trump Disqualification Case

March 4, 2024, 11:04 amSupreme CourtRick Hasen

You can listen here.

Supreme Court Decision in Trump Colorado Disenfranchisement Case Almost Certainly Being Released Monday at 10 am ET (So It’s Technically Out Before Super Tuesday and Colorado Voting) and It Will Not Let Colorado Disqualify Trump

March 3, 2024, 11:45 amSupreme Court, votingRick Hasen

As recently as this weekend, the Supreme Court had not announced that it was going to issue opinions this week. Opinion releases usually happen when the Justices physically take the bench in Court, and the next opportunity for that which… Continue reading

“Republicans Hatched a Secret Assault on the Voting Rights Act in Washington State”

March 2, 2024, 3:26 pmredistricting, Supreme CourtRick Hasen

ProPublica: Republican Paul Graves’ work was about to come undone. In the wee hours of Nov. 15, 2021, he and his fellow Republican on Washington state’s independent redistricting commission had finally prevailed on their Democratic counterparts to agree to the … Continue reading

“Why Is Trump Getting Special Treatment From the Supreme Court?”

March 2, 2024, 3:17 pmSupreme CourtRick Hasen

Aziz Huq in Politico: To understand how truly remarkable it is that the Supreme Court has agreed to consider former President Donald Trump’s demand for absolute immunity from criminal prosecution, it is necessary to have some sense of how the… Continue reading

“Waiting on Supreme Court, States Go It Alone in Trump Ballot Cases”

March 1, 2024, 8:24 amballot access, Supreme CourtRick Hasen

NYT: When the U.S. Supreme Court agreed in January to hear an appeal of a Colorado ruling that disqualified former President Donald J. Trump from that state’s primary ballot, many thought the court would soon resolve the issue for… Continue reading

Ed Whelan is Right

March 1, 2024, 7:31 amSupreme CourtRick Hasen

From the “words I never expected to write” department, this observation seems spot on and it should have occurred to me when I read the Court’s order setting the Trump immunity case for a hearing (via Jonathan Adler): UPDATE: … Continue reading