I received an email this morning from the Progressive Change Campaign Committee, boldprogressives.org, asking that I complete a survey on the Garland nomination.  The email began with this question: What do you think about Merrick Garland and the Supreme Court vacancy now?  It continued: The president nominated Merrick Garland to fill the vacancy on the […]

Update re Rick Hasen’s position appended below. 10/11 at 11:18 a.m. (and edited for clarity and a typo correction on 10/11 at 6:27 p.m.). ____ Addendum on Purcell v. Gonzalez added below. 10/10 at 3:20 p.m. ___ At about the same time last night that the Supreme Court issued its one-page stay-of-the-stay in Frank v. […]

It’s already become something of a favorite parlor game among liberals, especially among liberal law geeks, to speculate about when the Supreme Court will strike down state and federal statutes that prohibit corporations from making direct campaign contributions to candidates and political parties. In Citizens United, the court killed statutory bars to corporate and union political […]

Chief Justice Roberts’ attempt to portray his decision in McCutcheon v. FEC as minimalist actually shows just how far from minimalist it is. According to the Chief Justice, no one should worry about the consequences of the Court’s decision because “there are multiple alternatives available” that would accomplish the Government’s asserted interest without, in the majority’s view, […]