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3 Apr 2016, 11:01 am
First, it sidesteps the right each sibling co-owner would otherwise have to seek judicial partition of the property, or a partition/auction sale. [read post]
11 Feb 2010, 4:10 am
In response to these allegations, the defendant merely asserted that the disbarred attorney's involvement in the plaintiff's case had no bearing on the issue of counsel fees since the plaintiff received a "phenomenal result," and that the Grievance Committee for the Tenth Judicial District "took no action with respect to [these allegations]. [read post]
27 Jun 2024, 2:08 pm
Judicial aggrandizement is as pernicious to the separation of powers as any aggrandizing action from either of the political branches. [read post]
6 Jul 2007, 2:40 pm
We begin by deciding that complete judicial abstention on political question grounds is not warranted. [read post]
9 Feb 2017, 6:04 pm
The court makes plain that prior precedent expressing judicial deference to the immigration policies of the political branches of the federal government – deference typically accorded to congressional policies on immigration and not to presidential actions such the Executive Order – does not mean that the actions of the political branches are beyond the scope of judicial review: Although our jurisprudence has long counseled deference to… [read post]
3 Jul 2024, 6:25 am
“In reaching out to shield some conduct as official while refusing to recognize any conduct as unofficial, the majority engages in judicial activism, not judicial restraint,” she wrote in a footnote. [read post]
25 Mar 2011, 9:39 am
The judicial branch collects $240,000 in filing fees for the GAL fund. [read post]
9 Aug 2012, 9:20 am
These canons are designed to greatly limit judicial discretion, which the authors would argue–again I believe correctly–is often used for anti-democratic purposes and allows the judicial branch to usurp legislative authority. [read post]
14 Dec 2020, 5:08 am
When the Founders were drafting Article III of the Constitution, which establishes the judicial branch and its powers, they sought to treat states with the dignity they deserved as sovereigns in their own right. [read post]
18 Mar 2025, 10:09 am
"That's a problem for all three branches of government. [read post]
3 Feb 2018, 9:03 am
To my dismay, I was recently told that judges no longer receive these training updates because someone high up in the judicial branch ordered an email spam filter that blocks the judicial branch from receiving these updates. [read post]
12 Feb 2010, 7:32 pm
The question, simply put, is this: When does the judicial power to decide the legal fate of military detainees end so that, thereafter, their fates rest within the discretion of the Executive Branch (with or without action by Congress)? [read post]
25 Feb 2025, 8:26 am
“The court effectively commanded the President and other Executive Branch officials to recognize and work with someone whom the President sought to remove from office. [read post]
21 Feb 2007, 9:39 am
One of the infamous legal theories that has underpinned the abuse of the Constitution by the Bush Administration has been the Unitary Executive: What does a "unitary executive mean . . . for Bush: The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional… [read post]
17 Aug 2011, 8:45 am
Again, it is one thing for lesbian and gay plaintiffs to make that argument; it is quite another for the executive branch of the federal government to do the same. [read post]
18 Jan 2022, 9:03 pm
The Trump Administration also ensured that its judicial appointees held anti-agency viewpoints, according to Green. [read post]
29 Aug 2017, 4:53 am
After all, the judicial branch is the least powerful, and Trump’s pardon just made that abundantly clear. [read post]
31 Jul 2024, 9:49 am
Effect of the Ruling The Ruling undoubtedly shifts the balance of power between the three branches of government, pulling power from the Executive Branch and giving it (or returning it) to Congress and the Judiciary. [read post]
18 Feb 2009, 12:37 pm
The President told his advisers "'we're at war'" just hours after the attacks occurred and made a global war on terror the official policy of the executive branch. [read post]
28 Jun 2022, 8:14 am
Come what may, the Court will do its job, Justice Alito explained: As Chief Justice Rehnquist explained, "The Judicial Branch derives its legitimacy, not from following public opinion, but from deciding by its best lights whether legislative enactments of the popular branches of Government comport with the Constitution. [read post]
