Ruling

Redistricting Cases Head for Rock Bottom

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The landscape of redistricting law has become increasingly complex and contentious, particularly following the Supreme Court’s ruling in Rucho v. Common Cause. This decision has effectively removed the federal judiciary from the equation regarding partisan gerrymandering, leaving states to navigate their own redistricting processes. As various cases emerge, it is evident that the implications of this ruling are far-reaching, affecting not only the political balance in Congress but also the fundamental principles of democracy and representation. Impact of the Supreme Court’s Ruling The Supreme Court’s 2019 decision in Rucho v. Common Cause has been a … Read more

Redistricting Cases Head for Rock Bottom

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The complex landscape of redistricting law has reached a critical juncture, particularly following the Supreme Court’s decision in Rucho v. Common Cause. This ruling declared that federal courts lack the authority to intervene in matters of partisan gerrymandering, leading to a proliferation of contentious redistricting cases across the United States. As states rush to redraw their electoral maps, the implications of this judicial abdication have become increasingly evident, often resulting in maps that favor one political party over another. The Aftermath of Rucho v. Common Cause The Rucho decision has left many wondering about the … Read more

SCOTUStoday for Monday, December 22

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Today marks a significant milestone for the SCOTUStoday newsletter, as it celebrates three months of providing insightful updates on the Supreme Court. We appreciate the continued support from our readers, which fuels our commitment to delivering timely and relevant content. As the holiday season approaches, we would like to remind our audience that there will be abridged editions of SCOTUStoday sent out on the upcoming days, with a brief pause over the holiday weekend. SCOTUS Quick Hits The Supreme Court has recently made headlines by rejecting a request from the Trump administration regarding a policy … Read more

What in the world is “zombie precedent”?

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The term “zombie precedent” is a fascinating concept in legal discourse, particularly in discussions surrounding judicial decisions that have outlived their original context or support. This intriguing phrase was popularized by Justice Antonin Scalia, who likened certain Supreme Court rulings to a ghoul that refuses to stay buried. Specifically, Scalia referred to the infamous Lemon test, which has haunted the court’s Establishment Clause jurisprudence for decades. The notion of a zombie precedent encapsulates the idea that some legal precedents can linger, re-emerging in legal arguments despite being largely discredited or abandoned. The Origins of Zombie … Read more