Category Archives: Supreme Court

Breaking and Analysis: Supreme Court Will Hear Moore v. Harper, the Independent State Legislature Theory Case from North Carolina; This Case Could Severely Curtail the Ability of State Courts to Protect Voting Rights and Stop Partisan Gerrymandering

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

Analysis: Supreme Court in EPA Case, Like the OSHA Case Earlier This Term, Shows The Court is Not Really “Textualists” and Applies Statutory Canons Reflecting Its Values

Dissenting today in West Virginia v. EPA, Justice Kagan writes: “Some years ago, I remarked that “[w]e’re all textualists now.” Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes… Continue reading

Listen to Slate “Amicus” Podcast with Joan Biskupic, Dahlia Lithwick, and Me: “Somewhere John Roberts Is Screaming Into an Expensive Pillow; How does SCOTUS even operate in this environment?”

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