Most likely Justice Kennedy's vote is still in play when a case gets to the court with the right plaintiffs and the right theory of harm, and Kagan's concurrence today makes a powerful case to Justice Kennedy that when that case comes, Justice Elena Kagan should recognize that partisan gerrymandering is incompatible with the Constitution and democratic values.

Elizabeth Wydra

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Republican Sen. Susan Collins is wrong to think that Kavanaugh's vote on Monday signals any support whatsoever for Roe v. Wade.

Elizabeth Wydra
top-news

The case had nothing to do with abortion, Kavanaugh's apparent vote not to hear this particular case does nothing to vindicate Sen. Republican Sen. Susan Collins vote for Justice Brett Kavanaugh, sen. Collins' should not breath a sigh of relief until Brett Kavanaugh squarely votes to support Roe.

Elizabeth Wydra
top-news

It's extremely likely President Trump is going to appoint someone who is not going to follow Justice Kennedy's lead in those cases and will go even further in undermining constitutional rights and degrading the rule of law.

Elizabeth Wydra
politics

It's often overlooked, but nominees to the lower courts ... are often one of the most important legacies a president leaves behind.

Elizabeth Wydra
politics

President Obama's nominees to the Supreme Court, in particular, will be a legacy for him not just because they may cast more liberal votes than justices a conservative president would've put on, but also because of the way they talk about the law and the Constitution.

Elizabeth Wydra
politics

The 5th Circuit majority misunderstands the discretion given to the executive under existing immigration law which the Supreme Court itself has explicitly recognized.

Elizabeth Wydra
us-news
I do think overall this is a conservative court. by Elizabeth Wydra

I do think overall this is a conservative court.

Elizabeth Wydra
politics

It would be wrong for the Supreme Court to seriously weaken one of our country's most important civil rights protections when we still don't live in a country where all Americans have an equal opportunity to seek a home and fair treatment in any neighborhood.

Elizabeth Wydra
top-news

Given the strong public interest in getting DAPA off the ground as soon as possible, the administration will almost certainly go straight to the Supreme Court, it will file this request with Justice (Antonin) Scalia, the justice assigned to the Fifth Circuit, but he will very likely refer the matter to the entire Court for all of the justices to consider.

Elizabeth Wydra
top-news