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9 Nov 2018, 1:00 pm
Trump administration: The executive branch lacks authority to impose such a program without the go ahead from Congress. [read post]
30 Jun 2024, 11:24 am
And yes, this litigation is all about money even as it is framed as belated and proper realignment of the relative powers in the three branches of government. [read post]
19 Aug 2022, 4:47 am
Taking these factors together, I concluded that the Supreme Court in practice makes all- things-considered decisions, not legal decisions, with the only real constraint being the Justices’ own views on what the American people and the elected branches will tolerate or accept. [read post]
27 Dec 2024, 4:00 am
Taking these factors together, I concluded that the Supreme Court in practice makes all- things-considered decisions, not legal decisions, with the only real constraint being the Justices’ own views on what the American people and the elected branches will tolerate or accept. [read post]
19 Dec 2021, 6:30 am
Others regarded the decision as a proper exercise of judicial restraint. [read post]
29 Apr 2019, 3:47 pm
In normal judicial proceedings, Courts reserve judgment at the conclusion of the oral hearing – and that is it – the record is closed. [read post]
8 Mar 2024, 5:00 am
The language utilized by the Pennsylvania Supreme Court seemed to indicate that it had heard the criticisms of some commentators regarding the apparent judicial activism of the court in favor of the plaintiff’s causes to the point where the court was arguably enacting changes in the law that would ordinarily come from the legislative branch of the court. [read post]
21 Mar 2022, 4:30 am
The list of such cases is much too long for this essay, but here are representative and important examples of judicial overreaching. [read post]
15 Oct 2020, 5:00 pm
The State’s Judicial Branch remains a deep sea of indecision and communicates little, if at all, to stakeholders about its plans. [read post]
20 Feb 2025, 7:31 am
CALIFORNIA COMPENSATION CASES Vol. 90, No. 2 February 2025 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, with a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2025 LexisNexis. [read post]
3 Jun 2015, 3:40 am
It is argued that “[c]onstitutional construction is a dialectical process involving all branches of government as well as civil society, which together build out the constitution over time. [read post]
14 Dec 2016, 10:06 am
The old rule allowed federal magistrate judges to issue warrants to search and seize property located in the judicial districts where they sit, with limited exceptions. [read post]
18 May 2023, 6:11 pm
The inaccessibility or unavailability of relevant data in such situations stands in contrast to cases of selective prosecution, which occur "when, from among the pool of people referred by police, a prosecutor pursues similar cases differently based on race" or another protected class…We note that the decision to conduct a pedestrian stop, or to investigate a suspect, is a "deliberate choice," thus satisfying the requirement under the second part of the three part Franklin… [read post]
21 May 2013, 1:33 pm
America's system of lawmaking and judicial review shouldn't be distorted or manipulated." [read post]
26 May 2021, 9:10 pm
” And finally, the executive branch could unilaterally implement this change by affirmatively seeking less deference from courts reviewing immigration decisions. [read post]
11 May 2022, 1:54 pm
In all these situations, the citizen's desire not to have his name associated with allegations of misconduct must yield to "the public's ability to oversee and monitor the workings of the Judicial Branch," which "promotes the institutional integrity of the Judicial Branch. [read post]
1 Feb 2017, 5:05 am
Or is there any way to get back to a functional legislative branch (that will, coincidentally, facilitate a better functioning judicial branch)? [read post]
26 May 2021, 9:10 pm
” And finally, the executive branch could unilaterally implement this change by affirmatively seeking less deference from courts reviewing immigration decisions. [read post]
25 Apr 2024, 9:00 am
" The Moore Court observed that this clause specifically refers to the broader lawmaking process under the Constitution, which would include the executive and judicial branches. [read post]
8 Jun 2012, 5:00 am
That’s what the other two branches of the federal government do. [read post]
