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7 May 2010, 7:43 am
You will find herein as an attachment [ see download link below] the latest bulletin from the Judicial Office of External Affairs. [read post]
2 Jan 2009, 8:02 pm
” Like Roe, Wilkinson asserts that Heller represents “an act of judicial aggrandizement” that takes power from the political branches of government and gives it to the judicial branch. [read post]
12 Jan 2006, 11:19 am
Currently, the state Judicial Branch has the constitutional authority to make the rules that control how the courts actually work. [read post]
4 Sep 2010, 11:48 pm
Based upon the Constitutional principle of separation of powers in the three branches of Government, judicial review of “a political question” is precluded where the Court finds one or more of the following: a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of… [read post]
3 Sep 2013, 9:01 am
At its September 30, 2013 Conference, the Court will consider petitions seeking review of issues such as Food, Drug, and Cosmetic Act preemption of state-law claims, whether the EPA can regulate greenhouse gases under the Clean Air Act, the scope of the extraterritorial branch of dormant Commerce Clause doctrine, and accommodations for pregnant employees under Pregnancy Discrimination Act. [read post]
19 Oct 2006, 6:24 am
It has not withdrawn, and the Executive branch of the government could not, unless there was suspension of the writ, withdraw from the courts the duty and power to make such inquiry into the authority of the commission as may be made by habeas corpus. [read post]
26 Jul 2021, 12:00 am
To advocate for judicial second-guessing of those laws intended to diffuse authority throughput the executive branch is to concentrate enormous power in the hands of one, not many. [read post]
7 Aug 2009, 12:34 pm
I know all of the arguments against "judicial activism. [read post]
13 Jan 2016, 4:50 pm
The legislative, executive, and judicial branches of the government were assigned distinct and limited roles under the Constitution, and required to be comprised of different political actors. [read post]
30 Jan 2024, 7:16 am
After Loper Bright, courts will feel the weight of this choice; it may be the difference between de novo review and arbitrariness review; independent judicial judgement and judicial deference; judicial responsibility and agency authority. [read post]
28 Mar 2025, 8:48 am
And it’s worth reiterating that judicial misconduct is a bipartisan issue: both Democratic and Republican judicial appointees mistreat their clerks, and both liberal and conservative clerks have been mistreated by powerful judges, with no legal recourse. [read post]
15 Jan 2008, 7:10 pm
In fact, it is perhaps one of the most homogeneous groups in the nation’s history without a single Justice appointed directly from private practice or from other positions in the legislative or executive branches. [read post]
Rivalries Among Justices — And Why the FDR-Era Supreme Court is Different From Today’s Supreme Court
10 Nov 2010, 10:41 am
Kagan stayed in academia with the exception of service in the executive branch, while Sotomayor was a judge at the trial and circuit court level for 17 years. [read post]
25 Sep 2009, 5:00 am
The wiretaps, performed without judicial authority are probably illegal. [read post]
25 Apr 2011, 8:17 am
Some of the more useful sites follow: Judicial OpinionsCalifornia Courts/Judicial Branch of California. [read post]
12 Aug 2011, 12:48 pm
In The Atlantic, Andrew Cohen points to the Senate’s failure to confirm judicial nominees as an “example of the gross negligence of the legislative branch. [read post]
12 Dec 2011, 8:18 am
Judicial Form Retirement System Many of you may not realize that funding for the Judicial Form Retirement System comes from the Judicial Branch budget. [read post]
3 Jun 2023, 6:30 am
I am less confident that courts play the role that David attributes to them, in part because of the limited function of courts and in part because of their relationship with the executive and legislative branches. [read post]
15 Oct 2023, 6:30 am
For example, in a few short paragraphs on judicial supremacy, Michelman writes that: “[S]haring of constitutional-interpretive authority can occur through remedial devices such as judicial remands to political branches; through judicial abstentions from rulings on matters or in causes classed as non-justiciable; and through a judicial and a general public posture of (widely) bounded tolerance for constitutional interpretive disagreement… [read post]
29 Oct 2010, 7:42 am
The question of whether Judge Gold has the power to summon EPA Administrator Lisa Jackson to a Miami courtroom to talk about the lamentable state of Everglades restoration presents an interesting conflict for the folks in Atlanta.On the one hand, the 11th is typically very deferential towards government power (and the Executive Branch in particular).On the other hand, the 11th is also very protective of its own power, and by extension that of the district courts they oversee.But in a split… [read post]
