Election law expert, UCLA professor, and Horvitz & Levy alum Rick Hasen has reviewed some of the recently opened papers of former U.S. Supreme Court Justice John Paul Stevens. He writes on his Election Law Blog about one document in those papers — a 2004 memo to Justice Stevens from his then-clerk (and current California Supreme Court Justice) Leondra Kruger.
The memo recommended that Stevens vote to deny certiorari of the Colorado Supreme Court decision in Colorado General Assembly v. Salazar (2004) 541 U.S. 1093. Stevens followed the recommendation and the Court denied cert, with Chief Justice Rehnquist and Justices Scalia and Thomas dissenting.
The memo might be almost 20 years old, but the issue it addresses is very timely — the “independent state legislature” theory. In fact, the issue is currently pending before the Court, although it might not be for long. (See here and here.)
One reason then-clerk Kruger gave for recommending a cert denial was that the issue was “splitless, and would likely benefit from further percolation.” (See: Wait for it: issue percolation, right vehicles, and legislative inaction.)
Related:
Justice Kruger will discuss her former boss, Justice Stevens
