A historical case for court packing and jurisdiction stripping, from Politico Magazine: Acting in concert, the president and Congress may shape both the size and purview of the court. They can declare individual legislative measures or entire topics beyond… Continue reading

I have written this piece for Slate on today’s cert grant in Moore v. Harper.

The Supreme Court today just agreed to hear Moore v. Harper, an “independent state legislature” theory case from North Carolina. This case has the potential to fundamentally rework the relationship between state legislatures and state courts in protecting voting rights… Continue reading

and more likely someone is writing a dissent from denial. I have more analysis in this twitter thread. I think it is more likely they’ll take the case out of Pennsylvania.

Nothing on today’s order list about this 800-pound-gorilla of election cases. We could get an order granting a hearing in the case on next week’s order list or a following week, or we could get one or more Justices dissenting… Continue reading

Anthony Gaughan has posted this draft on SSRN (Notre Dame Journal of Law, Ethics and Public Policy). Here is the abstract: This article examines the role of partisanship in Supreme Court election law rulings. To that end, it surveys the… Continue reading

I had a great conversation with Dahlia Lithwick and Joan Biskupic on the Slate Amicus podcast about the weird state of the Supreme Court before the coming storm and the Court’s intersection with the January 6 investigation. You can listen… Continue reading

Adam Liptak NYT Sidebar column: But is there indeed evidence that public opinion influences the court?The justices themselves have suggested that there is at least a correlation between the popular will and judicial outcomes.“Rare indeed is the legal victory… Continue reading