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17 Jun 2012, 6:06 am
” As longtime readers know, I would get rid of the filibuster for all nominations, to the judiciary and executive branch alike. [read post]
24 Apr 2016, 9:30 pm
Drawing on Professor Philip Hamburger’s new book, Justice Thomas expressed the constitutional concern that Auer “undermines our obligation to provide a judicial check on the other branches, and it subjects regulated parties to precisely the abuses that the Framers sought to prevent. [read post]
23 Oct 2016, 3:54 pm
Thus, for example, Article III, Section 1 establishes the judicial branch — with the judicial power vested not just in “one supreme Court” but dispersed throughout “such inferior Courts as the Congress may from time to time ordain and establish. [read post]
19 Feb 2014, 8:31 pm
It is granted by the executive branch. [read post]
14 Apr 2025, 12:56 pm
This self-policing system creates an accountability void that would be unacceptable in any other branch of government. [read post]
20 Sep 2010, 10:38 am
Tailoring deference to variety with a wink and a nod to Chevron: the Roberts Court and the amorphous doctrine of judicial review of agency interpretations of law. 36 J. [read post]
15 May 2025, 10:58 pm
The executive branch will chose to either seek en banc, or certiorari. [read post]
16 Dec 2021, 2:13 pm
Levi The Supreme Court is the most admired of the three branches in our democracy and for good reason. [read post]
13 Mar 2020, 1:11 pm
Navajo Nation Judicial Branch Staff Attorney, Chinle Judicial District, Chinle AZ. [read post]
10 Oct 2020, 3:43 pm
Tohono O’odham Legislative Branch Assistant Legislative Attorney, Sells, AZ. [read post]
12 Jun 2009, 3:09 pm
Halbrook argued for the “incorporation” of the Second Amendment into the Due Process Clause — that is, for right-wing judicial legislation —they demonstrated that, as has been true for most of American history, the Constitution has come to be (in Jefferson’s words) “a thing of wax” waiting to be reshaped by today’s Judicial-Branch majority into the opposite of what it “meant”… [read post]
27 Sep 2022, 12:18 pm
P. 42(a)(2) mechanism for judicial appointment of prosecutors in criminal contempt proceedings. [read post]
19 Apr 2010, 4:10 pm
This historic confrontation between the Supreme Court and the executive branch illustrates Justice Stevens’s commitment to due process, his ability to create coalitions, and his judicial craftsmanship. [read post]
12 Mar 2025, 1:34 pm
President Trump’s refusal to obey a congressional statute pits the executive branch (Article II) against the legislative branch (Article I). [read post]
22 Apr 2020, 1:13 pm
” The Attorney General should be part of the judicial branch. [read post]
29 Jun 2023, 5:00 am
My article traces the evolution of judicial review standards from Chevron U.S.A. v. [read post]
17 Mar 2025, 1:30 pm
Madison (1803) that executive branch discretion was free from judicial control. [read post]
6 Jul 2023, 6:30 am
And I accept Jack Balkin’s point that federal systems require more judicial review than unitary systems. [read post]
1 Nov 2008, 12:36 am
Arguing that the Executive Branch is taking legal positions that conflict directly with the Supreme Court’s Boumediene v. [read post]
7 Jul 2011, 10:56 am
However, judicial development of common law immunity principles is likely to engender the most controversy in suits against foreign officials alleging violations of international human rights law. [read post]
