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5 Jan 2020, 12:55 pm
Standing means that a party has a sufficient stake in a controversy to be able to obtain judicial resolution of that controversy. [read post]
5 Jan 2011, 6:34 am
” And Justice Scalia isn’t the only Justice spending some time with the legislative branch at the start of the new Congress. [read post]
7 Apr 2011, 10:56 am
In other words, five out of 94 federal judicial districts nationwide are handling 41 percent of all federal criminal cases. [read post]
31 May 2012, 11:42 am
The Executive Branch, untethered by the checks and balances of court oversight, clear instruction from Congress, or transparency to the public, is free to act as it will and in secret. [read post]
4 Mar 2025, 12:47 pm
Pre-enforcement facial challenges, however, often result in expansive injunctions that apply in one fell swoop—the sort of forward-looking policymaking that is best left to the more democratic branches. [read post]
29 Jul 2024, 5:31 am
(For a refresher, I wrote an essay on Judicial Courage.) [read post]
2 Sep 2011, 9:35 am
” Repeatedly invoking the Supreme Court’s call for caution in Sosa, the Court emphasizes that the ATS is “no license for judicial innovation” and that “judicial restraint is demanded. [read post]
30 Apr 2013, 2:51 am
“You have a different system there, with investigative magistrates who interview witnesses, and the big cost is the judicial spend. [read post]
26 Oct 2006, 12:38 pm
First, I largely bought the argument--expressed in the relevant precedents and Kelo itself--that the determination whether a particular condemnation was necessary to achieve a legitimate public purpose was a quintessential example of the kind of policy choices about social and economic legislation that the New Deal Court had properly returned to the popular political branches. [read post]
9 May 2010, 11:57 pm
I'm of mixed feelings about that, but I absolutely agree with Ed Whelan that, in this case, "Kagan's record manages to replicate the primary supposed defect of the judicial monastery--isolation from the real-world lives of ordinary Americans--without conferring the manifold benefits of judicial experience. [read post]
28 Mar 2025, 1:18 pm
More broadly, rule-by-TRO has become so commonplace among district courts that the Executive Branch’s basic functions are in peril. [read post]
19 Aug 2010, 11:12 am
In discussing whether there may be something untoward about the FTC having both prosecutorial and judicial roles, Commissioner Rosch commented on the history of judicial challenges to the FTC’s authority. [read post]
16 Dec 2021, 6:04 am
He also avoids addressing whether Congress has the power to delegate that authority to the Executive Branch. [read post]
5 Feb 2018, 3:00 am
“The bill is an invasion of judicial power such as has never before been attempted in this country.... [read post]
24 Feb 2011, 9:18 am
For information about the Arizona Judicial Branch, visit here. [read post]
24 May 2025, 3:49 am
Is this what you voted for, a president who could ignore the judicial branch of government with impunity because all those nasty laws and constitutional rights like due process just got in his way? [read post]
19 Feb 2010, 10:42 am
He writes: "It's surprising but true that the least successful presidents are often the most judicious, while the most successful justices are the most pragmatic. [read post]
28 Apr 2023, 11:09 pm
Acting now would be premature, and frankly, would weaken the separation of powers and judicial independence. [read post]
16 Mar 2012, 10:57 am
The federal judiciary, Katz said, has “been equally clear that the judicial branch can—and indeed must—review the constitutionality of military actions when individual rigths are at stake. [read post]
20 Feb 2025, 9:05 pm
According to the order, these policies are necessary “to ensure Presidential supervision and control of the entire executive branch. [read post]
