“Will the timing of the Supreme Court’s Trump case mean no trial before the election?”
Nina Totenberg reports for NPR.
Category Archives: Supreme Court
I Spoke to CNN’s Laura Coates About the Supreme Court’s Decision to Slow Walk Trump’s Immunity Appeal in the Election Subversion Case (Video)
Why Did the Supreme Court Wait So Long to Decide to Set the Trump Criminal Immunity Case for Full Hearing and Argument? It Likely Means No Trial for Trump on Election Subversion Before the Election
Like many other observers, I thought the relatively long lag time between Donald Trump’s attempt to stay his criminal trial after losing in the district court and the D.C. Circuit meant the Court was not going to grant the… Continue reading
In Florida Social Media Case, Florida’s Lawyer Defends, Without Recognizing It, an Equalizing Interest in Requiring Platforms to Carry Speech They Don’t Want
I thought this exchange in the transcript of the Moody case was particularly telling (I’ve bolded the response that I think shows an interest in imposing an equality floor):
JUSTICE KAVANAUGH: Can I — can I ask you about a… Continue reading
“Supreme Court Seems Wary of State Laws Regulating Social Media Platforms”
Adam Liptak for the NYT:
The Supreme Court seemed skeptical on Monday of laws in Florida and Texas that bar major social media companies from making editorial judgments about which messages to allow.
The laws were enacted in an effort… Continue reading
Florida’s Lawyer Having Hard Time at Beginning of Oral Argument in Social Media Cases, Suggesting Law Could Well Be Struck Down [Corrected]
Arguments are just beginning, and at some point I’ll have to leave for class.
At this early point, it appears that Roberts, Sotomayor, Kavanaugh, and Kagan have all expressed great skepticism of these rules.
Justice Jackson pointed to some of… Continue reading
“Supreme Court to Decide How the First Amendment Applies to Social Media”
Adam Liptak for the NYT:
The most important First Amendment cases of the internet era, to be heard by the Supreme Court on Monday, may turn on a single question: Do platforms like Facebook, YouTube, TikTok and X most closely… Continue reading
I Spoke to Dahlia Lithwick’s “Amicus” Podcast at Slate About My New Book, “A Real Right to Vote” (And Other Stuff!)
You can listen to this great conversation here:
A Series of Lawsuits That We Call an Election
How to fix the laws, and the gaps in the law, that are breaking American democracy.
Dahlia Lithwick is drinking from the… Continue reading
My New One at Slate: “The Biggest Supreme Court Case That Nobody Seems to Be Talking About”
I have written this piece for Slate. It begins:
On Monday, the Supreme Court will hear arguments in a pair of cases out of Texas and Florida that could force major social media platforms to carry posts from Donald Trump… Continue reading
Some Idle Speculation About What the Supreme Court Will Do About Trump’s Request to Put His Election Subversion Case on Hold on Immunity Grounds;It’s Potentially Good News for a Trial This Spring/Summer
As ELB readers know, Donald Trump’s federal district court trial in DC on election subversion charges, that was scheduled for March, has been put on hold as Trump has pursued an “interlocutory” appeal (that is, an appeal in the middle… Continue reading
Travis Crum: “Justice Alito Embraces a Retrogression Standard”
The following is a guest post from Travis Crum:
Earlier this week, the Supreme Court denied cert in Coalition for TJ v. Fairfax County School Board, an important case about intentional discrimination and what facially neutral policies to… Continue reading
ELB Podcast 5:6: Rick Hasen and Erwin Chemerinsky: A Real Right to Vote
New ELB Podcast:
Why doesn’t the U.S. Constitution contain an affirmative right to vote?
Can constitutional reform promote political equality, defuse the voting wars, and thwart election subversion?
How can we get a constitutional right to vote, if we can’t… Continue reading
Justice Alito Sings a Different Tune About Disparate Impact as a Test of Race Discrimination: Compare What He Said under the Voting Rights Act With His Views About Preventing School Admissions Policies Promoting Diversity
In Trump Immunity Case at SCOTUS, Alabama and 21 States Ask for Stay Because of “Speculation,” “True or Not” That Trump Election Subversion Prosecution “was Calculated to Silence or Imprison President Biden’s Political Rival”
Shameless:
The sudden urgency has invited public speculation that this case has an improper purpose—to influence the 2024 election. Amici States represent millions of Americans, many of whom worry that the timing of this prosecution was calculated to silence or… Continue reading