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8 May 2025, 5:38 pm
But those laws creating judges must be "necessary and proper for carrying into Execution" the judicial power, not "for undermining the judicial power. [read post]
13 Aug 2020, 4:00 am
The Jay Court responded by explaining that answering such questions would require the court to participate in an extrajudicial activity that would be improper in light of the separation of powers between the judicial, legislative, and executive branches (Jay 1997). [read post]
15 Nov 2023, 7:38 am
”[3] The latest legislative attempt to reframe patent eligibility is similarly premised on “extensive confusion and lack of consistency [in applying the 101 exceptions] throughout the judicial branch of the Federal Government and Federal agencies. [read post]
8 Dec 2023, 8:50 am
For instance, in Jarkesy the Securities and Exchange Commission, a branch of the federal government, wishes to exact penalties from somebody who traded in violation of the securities laws. [read post]
11 Apr 2011, 6:58 am
” Salary & Budget Commencing in FY 2013-2014, the state’s judiciary would be given a constitutional guarantee of a “total appropriation of all fund sources to the judicial branch [] equal [to] no less than 2.25 percent of the total general revenue funds appropriated in the general appropriation bill referred to in Section 19(b) of Article III. [read post]
16 Dec 2009, 5:32 am
The article next looks at developments in judicial review. [read post]
10 Jun 2011, 4:23 pm
It has many responsibilities that are more administrative than judicial. [read post]
9 Sep 2010, 6:34 am
Breyer stresses the need for the Court to build "productive working relationships" with the other branches of government. [read post]
17 Dec 2007, 10:00 pm
Here is Judicial Watch's brief and its exhibit thereto. [read post]
31 Mar 2008, 7:27 am
Unlike the political branches, a Court thus weakened could not seek to regain its position with a new mandate from the voters, and even if the Court could somehow go to the polls, the loss of its principled character could not be retrieved by the casting of so many votes. [read post]
10 Aug 2007, 1:55 am
For another, judicial restraint might not be faithful to the Constitution in many cases, especially when the judge believes that the best reading of the Constitution is that certain activities of the other branches are beyond their powers or otherwise unconstitutional. [read post]
1 Apr 2008, 7:47 am
The major alternative to modern-style originalism, which requires justices to overturn precedents in order to return us to the world of 1789, is to respect those precedents, as much as possible, and exercise judicial restraint (underenforcement of constitutional norms), so that the political branches can update the Constitution without judicial interference. [read post]
11 Feb 2019, 10:00 pm
Disposition of the case does not involve this Court in a matter more properly decided by a coequal branch of the Government. [read post]
11 Apr 2012, 1:18 pm
” They are right that such an interpretative choice tends to be very (self-) empowering of the judicial branch. [read post]
2 May 2018, 8:00 am
The important thing is to make an effort to be intentional in expressing appreciation for our citizens’ participation in the judicial branch of government. [read post]
3 Jul 2023, 2:53 am
“From the first page to the last, today’s opinion departs from the demands of judicial restraint,” Kagan wrote. [read post]
3 May 2007, 8:43 am
Within the three branches there are sub-branches and a number of trusts. [read post]
12 Dec 2016, 8:52 am
On this branch, too, the case was remanded for determination whether it could be determined which branch was the branch of conviction, with anticipation that the case might come back to the First Circuit on the issue whether the second branch is a crime of violence. [read post]
12 Dec 2016, 8:52 am
On this branch, too, the case was remanded for determination whether it could be determined which branch was the branch of conviction, with anticipation that the case might come back to the First Circuit on the issue whether the second branch is a crime of violence. [read post]
18 Feb 2009, 8:20 am
” The Circuit Court opinions against judicially-ordered release are here, and the judgment is here. [read post]
