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24 Oct 2008, 2:13 pm
Although McCain claims to favor justices who will defer to the political branches, the most likely Republican nominees are hardly consistent advocates of judicial deference. [read post]
23 Mar 2012, 11:58 am by Brad Pauley
  However, it rightly points out that the Chief, as head of the Judicial Council and the judicial branch of government,  is well within her rights in asking lawmakers for adequate funding for the courts. [read post]
2 Apr 2008, 2:09 am
The essay places the debates over the surge in the context of other constitutional conflicts that also defined the roles of the political branches in areas relatively immune from judicial pronouncements. [read post]
30 Nov 2010, 10:06 am by Jeralyn
" Judicial conservatism was once principally defined as a philosophy of deference to the democratically elected branches of government. [read post]
15 Aug 2008, 5:02 am
Here's a precis of his case against immunity: [The] strongest constitutional objection to telecom immunity is that it constitutes a usurpation by the Congress and the President of the "judicial power" which the Constitution assigns to the judicial branch. . . . [read post]
27 Sep 2011, 12:00 pm by Bill Raftery
SB 82 Specifically authorizes state auditor for assess, confirm, and report on security practices of all IT systems, including those of the judicial branch. [read post]
21 Feb 2011, 9:31 am by Ray Dowd
  Interview with Federal Bar Association President and New Orleans attorney Ashley Belleau in The Third Branch here    The Federal Bar Association adresses issues of paramount concern to the federal judiciary such as judicial vacancies, courthouse security and judicial compensation, as well as addressing issues of concern to lawyers practicing in the federal government, appearing before federal agencies, or practicing before the federal… [read post]
6 Oct 2011, 4:50 pm by Lawrence Solum
This discussion shows the disconnect between the legislative and judicial branches, judicial frustrations with statutes that do not provide clear answers to litigated question, and the difficulty of trying to establish legislative meaning in such cases. [read post]
31 Dec 2024, 10:23 pm by Josh Blackman
Hamilton foresaw, and Chief Justice Marshall confirmed, the role of the judicial branch to say what the law is. [read post]
6 May 2025, 4:00 am by Eric Berger
If the President has complete control over the entire executive branch, he can more easily wield the executive's prosecutorial and investigative powers to go after people who criticize him, punish lawyers he doesn't like, and flout judicial rulings against his administration. [read post]
1 May 2022, 6:30 am by Guest Blogger
Noel, Artificial Genteelness Governs Political Talk on Judicial Selection, Hartford Courant, Oct. 26, 1984, at 37 [read post]
3 Feb 2010, 7:00 am by David H. Moore
That question has split scholars into two primary camps: a modernist camp that perceives CIL as federal common law that the federal judiciary may apply in the absence of positive authorization, and a revisionist camp that maintains that the political branches or Constitution must authorize federal judicial use of CIL as a rule of decision. [read post]
20 Mar 2012, 12:22 pm by John Richards
” Because this is, in fact, the exact opposite of judicial activism – the court declined too intervene in a matter reserved to another branch of government. [read post]
20 Nov 2013, 6:43 pm by James P. Yudes, Esq.
  That very same civics course teaches that the Legislative branch makes the law, the Executive branch executes the law and the Judicial branch interprets and enforces the lawt. [read post]
31 Jul 2024, 12:05 am by Sherica Celine
Natural Resources Defense Council decision improperly prioritized the executive branch’s legal interpretations over the judicial branch’s interpretations. [read post]
18 Aug 2019, 3:18 pm by David Oscar Markus
”Problem is that the seminar was approved by the Federal Judicial Center (where Chief Justice Roberts sits) forcing Randolph to back down. [read post]