Stephen Spaulding
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Stephen Spaulding
@stevespaulding.bsky.social
Brennan Center at NYU Law | Used-to-be: Policy Director for Amy Klobuchar + the Senate Rules Committee | VP @ Common Cause | Representative Zoe Lofgren + House Administration Committee Dems | Special Counsel at the FEC | opinions are my own 🏳️‍🌈
December 19, 2025 at 4:27 AM
Judges are facing a barrage of threats and intimidation, just for doing their job. It's an attack on their safety, and also an attack on judicial independence.

Watch this incredible video essay by Judge Salas, whose son was murdered by an aggrieved litigant.

www.nytimes.com/2025/12/18/o...
Opinion | The Judges Being Pizza Doxxed in My Dead Son’s Name
www.nytimes.com
December 18, 2025 at 5:04 PM
An excellent roundup of top legal commentators’ thoughts on the biggest state constitutional cases of the year ⬇️
What state constitutional case from 2025 should our readers know about, and why?

We asked some of the country’s leading legal thinkers, and their answers highlight the myriad ways state courts can chart their own jurisprudential courses.

A must read piece to wrap up the year!
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
statecourtreport.org
December 18, 2025 at 4:11 PM
Catching up on SCOTUS arguments. Justice Sotomayor hits the nail on the head in this case that could further empower wealthy campaign donors to drown everyone else out.

“Every time we interfere with Congressional design, we make matters worse.”

See, e.g., Citizens United and McCutcheon.
December 18, 2025 at 1:03 AM
If you're a SiriusXM subscriber tune into the POTUS channel where I'll be discussing Bush v. Gore shortly -- that case was decided 25 years ago today and changed the course of history.
December 12, 2025 at 12:42 PM
Reposted by Stephen Spaulding
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
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.
www.brennancenter.org
December 10, 2025 at 3:34 PM
Reposted by Stephen Spaulding
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...
Opinion | At the Supreme Court, Scenes From a Judicial Backlash
www.nytimes.com
December 10, 2025 at 9:44 AM
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...
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.
www.brennancenter.org
December 9, 2025 at 9:31 PM
How Congress Should Respond, Right Now, to Trump’s Boat Strikes www.nytimes.com/2025/12/02/o...
Opinion | How Congress Should Respond, Right Now, to Trump’s Boat Strikes
www.nytimes.com
December 3, 2025 at 3:55 AM
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
November 24, 2025 at 2:53 PM
A lot going on in my notifications
November 21, 2025 at 10:27 PM
Reposted by Stephen Spaulding
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 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.
www.brennancenter.org
November 19, 2025 at 7:02 PM
Reposted by Stephen Spaulding
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 Supreme Court Diversity - November 2025 Update
Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.
www.brennancenter.org
November 18, 2025 at 7:47 PM
Reposted by Stephen Spaulding
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
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.
www.brennancenter.org
November 17, 2025 at 3:02 PM
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/
November 6, 2025 at 9:50 PM
Reposted by Stephen Spaulding
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
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.
www.brennancenter.org
November 6, 2025 at 2:22 PM
Reposted by Stephen Spaulding
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
November 5, 2025 at 9:04 PM
eastern standard time in Shenandoah National Park this weekend 🍂
November 3, 2025 at 2:50 AM
Spotted in Dupont Circle. And it’s true, trust in SCOTUS is hovering at record lows. 🪦🎃
October 31, 2025 at 3:37 PM
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...
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.
www.brennancenter.org
October 28, 2025 at 4:17 PM
Burnin’ Down the House www.nytimes.com/2025/10/25/o...
Opinion | Burnin’ Down the House
www.nytimes.com
October 25, 2025 at 11:35 AM
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...
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.
www.brennancenter.org
October 24, 2025 at 8:16 PM
Americans agree - 18 years for a Supreme Court term is long enough. Lifetime power is too long. www.newsweek.com/most-republi...
Most Republicans want Supreme Court term limits—Poll
A new PRRI poll found that majority of Americans support term limits for Supreme Court justices.
www.newsweek.com
October 23, 2025 at 8:01 PM
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...
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.
www.brennancenter.org
October 21, 2025 at 9:01 PM