Stephen Spaulding

Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.

While Bush v. Gore was a disaster for public confidence in the Supreme Court, the 2000 Florida recount crisis did spur some constructive election reforms. bit.ly/48F2YSP

Opinion | At the Supreme Court, Scenes From a Judicial Backlash

1/ A few thoughts about @williambaude.bsky.social’s comment in yesterday’s NYT chat that, “It’s amazing how many of our problems today could be solved by a Congress that was willing and able to legislate in response to national problems.” www.nytimes.com/2025/12/09/o...

Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.

Bush v. Gore was decided 25 years ago this week.

Bush may have won the case, but Justice Stevens wrote that "the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” www.brennancenter.org/our-work/ana...

Opinion | How Congress Should Respond, Right Now, to Trump’s Boat Strikes

How Congress Should Respond, Right Now, to Trump’s Boat Strikes www.nytimes.com/2025/12/02/o...

Today I learned that Buckley v. Valeo -- which turns 50 years old next year -- is the longest Supreme Court opinion ever written. The majority, concurrences, and dissents are as long as the first Harry Potter book, courtesy @scotusblog.com

A lot going on in my notifications

State Legislatures Can Push Back Against Citizens United State lawmakers can fight the influence of big money in politics by passing trigger laws that would go into effect if the Supreme Court’s misguided ruling is reversed.

Citizens United unleashed a flood of corporate money in politics. State trigger laws can prepare the ground for real reform when the Court changes course. bit.ly/3Xsczat

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

State supreme courts are still overwhelmingly white & male
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices

New @brennancenter.org analysis below👇👇

State Legislatures Can Push Back Against Citizens United State lawmakers can fight the influence of big money in politics by passing trigger laws that would go into effect if the Supreme Court’s misguided ruling is reversed.

A strategy that helped antiabortion activists in their quest to overturn Roe v. Wade could also work for campaign finance reform: enacting state "trigger laws" that challenge the legitimacy of Citizens United. bit.ly/3Xsczat

Also this - there are real harms to people when Court gets the balance wrong with its rushed and truncated irreparable harm analysis. That's because the damage is done.

Example: People are fired. Funds are frozen. People are racially profiled. And on and on.

25A319

Full opinion and dissent isn't on SCOTUS's website yet, but you can read it here: www.documentcloud.org/documents/26...

In a footnote Justice Jackson makes the whole case for how poorly SCOTUS is using its emergency a/k/a shadow docket. It is being used to "cavalierly pick the winners and losers," jeopardizes procedural fairness, and thwarts "the full legal process that our judicial system requires." 3/

Justice Jackson, joined by Justices Sotomayor and Kagan dissent, noting how "as is becoming routine, the Government seeks an emergency stay of a District Court’s preliminary injunction pending appeal. As is also becoming routine, this Court misunderstands the assignment." 2/

Another day, another SCOTUS shadow docket decision.

This time blocking transgender Americans from getting a passport consistent with their gender identity.

SCOTUS says allowing such passports while litigation proceeds will create an "irreparable injury."

Really? 1/

Codifying the Constitution’s Emoluments Clauses To prevent corruption, the Constitution prohibits the president and other officials from receiving untoward benefits. Congress, however, must take action to enable enforcement.

In Trump’s second term, the need for congressional action against corruption has never been clearer. Our latest report offers recommendations for strengthening the vital anti-corruption safeguards in the Constitution’s Emoluments Clauses: bit.ly/3XdgCaq

The Supreme Court just heard oral arguments in the challenge to Trump’s worldwide tariffs. No matter how the Court rules (and I’ll do just a tiny bit of tea leaf-reading here), its decision will have enormous implications for the scope of presidential power. 1/25

eastern standard time in Shenandoah National Park this weekend 🍂

Court Strikes Down Key Part of Trump’s Unlawful Voting Executive Order, Permanently Blocking Show-Your-Papers Requirement The decision grants summary judgment to the plaintiffs, finding that the president lacks the authority to unilaterally alter election procedures — powers that rest with Congress and the states.

A win for democracy!

Spotted in Dupont Circle. And it’s true, trust in SCOTUS is hovering at record lows. 🪦🎃

Supreme Court Shadow Docket Tracker — Challenges to Trump Administration Actions The Court is ruling on challenges to government actions on its emergency docket, often without explaining its decisions or providing guidance to lower courts.

The Trump administration filed another request on the Supreme Court's shadow docket, this time to let the president fire the head of the Library of Congress' copyright office. The DC Circuit blocked her removal.

Our updated @brennancenter.org tracker is here:

www.brennancenter.org/our-work/res...

Opinion | Burnin’ Down the House

Burnin’ Down the House www.nytimes.com/2025/10/25/o...

State Voting Laws Roundup: October 2025 The number of new restrictive voting laws has increased this year, while legislation aimed at expanding voting access has lagged.

States this year "are nearly on pace to match the number of restrictive voting laws enacted in 2021, when states enacted more restrictive legislation than at any other point so far in the 14 years the @brennancenter.org has tracked state voting legislation." www.brennancenter.org/our-work/res...

Most Republicans want Supreme Court term limits—Poll A new PRRI poll found that majority of Americans support term limits for Supreme Court justices.

Americans agree - 18 years for a Supreme Court term is long enough. Lifetime power is too long. www.newsweek.com/most-republi...

We'll be keeping this updated as events warrant. So bookmark it. End/ www.brennancenter.org/our-work/res...

For example, we've highlighted how Justices have criticized how the Court has been using the shadow docket to destabilize the law in ways it never should.

For example, from Justice Jackson's dissent in Trump v. AFGE: 6/

There's been a dizzying number of decisions since January, and you can use this resource to track the ones having to do with Trump administration policies.

You can use this tracker to see if the Trump administration won or lost, whether the Court provided any explanation, and more. 5/

And since shadow docket decisions are usually silent as to the Supreme Court majority's rationale or reasoning - any explanation is usually quite scant - lower courts and the public are left guessing as to what the heck is going on. 4/

These decisions can have the practical effect of upending people's lives. Once public servants are fired, or scientific research is halted, or people are mistakenly kicked out of the country, it's not enough to say "well in a few years we'll be able to make people whole." Because you can't. 3/

In so doing, it's greenlighting executive power grabs like efforts to slash important agencies like the Department of Education, fire heads of independent, bipartisan commissions like the one that protects consumers, and freeze scientific research dollars. 2/

Supreme Court Shadow Docket Tracker — Challenges to Trump Administration Actions The Court is ruling on challenges to government actions on its emergency docket, often without explaining its decisions or providing guidance to lower courts.

NEW: You've probably heard about the shadow docket. It's where the Supreme Court makes snap decisions as cases are ongoing in the lower courts. The Court has ruled overwhelmingly in favor of the Trump administration, often w/ little explanation at all. 1/ www.brennancenter.org/our-work/res...