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7 Oct 2020, 9:01 pm by Neil H. Buchanan
Roberts has occasionally disappointed Republicans (in, most notably, NFIB v. [read post]
6 Oct 2020, 6:30 am by Guest Blogger
At oral argument in Obergefell, Chief Justice Roberts raised a question that suggested that he was persuaded by this argument. [read post]
Chief Justice Roberts opened the term by recognizing the late Justice Ruth Bader Ginsburg, whose replacement may undergo confirmation hearings as early as next week. [read post]
5 Oct 2020, 11:31 am by Jonathan H. Adler
The full cover package includes a few sidebars by Professors Lisa Heinzerling, Robert Percival, and Amanda Leiter, providing additional perspectives on environmental law on the Court, and Justice Ginsburg's environmental law legacy. [read post]
5 Oct 2020, 10:33 am by Associated Press
Chief Justice John Roberts paid tribute to Ginsburg, who died last month, as the court resumed its work via telephone because of the coronavirus pandemic. [read post]
5 Oct 2020, 8:00 am by JB
The death of Justice Ruth Bader Ginsburg in 2020 and Justice Antonin Scalia in 2016 show how arbitrary our system for appointing Justices to the Supreme Court has become, how much control of the Court depends on luck, and how much our current system encourages brute exercises of political power. [read post]
Sebelius, the Supreme Court (in a majority opinion written by Chief Justice John Roberts joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) upheld the individual mandate as a constitutionally valid exercise of Congress’s taxing power. [read post]
But as we have seen in the GOP rush to fill the Supreme Court vacancy created by Justice Ruth Bader Ginsburg’s death, hypocrisy is the party’s brand.Accordingly, we can expect the Trump team to argue that with Pennsylvania’s ballots in dispute, the presidential selection falls to the House of Representatives. [read post]
29 Sep 2020, 5:44 pm by Howard Bashman
And Madison Alder and Kimberly Strawbridge Robinson of Bloomberg Law report that “Trump Offered Barrett Seat Three Days After Ginsburg Died. [read post]
29 Sep 2020, 12:30 pm by Richard Hasen
Ginsburg listed the 2013 decision in Shelby County as only number three on her list of Roberts court cases she would overrule, but her dissent in that case is probably her most important election law dissent. [read post]
28 Sep 2020, 1:15 pm by Steve Vladeck
Recent discussions of the Supreme Court’s upcoming term have understandably focused on the implications of the death of Justice Ruth Bader Ginsburg — and the seemingly inevitable confirmation of Judge Amy Coney Barrett to succeed her. [read post]
28 Sep 2020, 10:10 am by SCOTUStalk
AH: [00:00:13] On Saturday, President Donald Trump announced that he was nominating Judge Amy Coney Barrett to fill the vacancy created by the death of Justice Ruth Bader Ginsburg. [read post]
27 Sep 2020, 9:01 pm by Austin Sarat
”This expectation of the Court’s pivotal role, plus Trump’s evident distrust of, and disdain for, Chief Justice John Roberts, explains why the President repeatedly talks about the prospect of a 4-4 deadlock on the Court. [read post]
26 Sep 2020, 6:34 pm by Mark Walsh
” Barrett pays tribute to Ginsburg, as Trump did a few minutes before. [read post]
26 Sep 2020, 3:43 pm by Josh Blackman
Sebelius, the inspiration for Barnett’s book, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute. [read post]
26 Sep 2020, 4:01 am by SHG
If this nominee is possessed of the intelligence, experience and temperament that qualifies her to be a justice, even if she doesn’t profess to being an empathetic papist, she will understand and appreciate this as does Chief Justice John Roberts and as did Justice Ruth Bader Ginsburg. [read post]
25 Sep 2020, 8:43 pm by Josh Blackman
Justices O'Connor, Souter, Stevens, Scalia, Kennedy and Ginsburg left, and Justices Alito, Sotomayor, Kagan, Gorsuch and Kavanaugh have arrived. [read post]