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13 Mar 2024, 12:00 pm
However, the Supreme Court, in recent (West Virginia) and upcoming (Loper Bright/Relentless) opinions, seems to be “systematically eroding the legal basis of effective governance” by seizing power from the Executive in a way that invites regulatory dysfunction, democratic unaccountability, and bad policy-making. [read post]
12 Mar 2024, 11:01 pm
After years of complaints about the secretive "shadow" docket, the Chief Justice of the United States, the Chief Judges of the Circuit Courts, and various District Court judges, have the temerity to announce a secret policy that no one can see that will fundamentally change the way litigation operates in federal courts. [read post]
12 Mar 2024, 7:33 pm
Justices Sotomayor and Barrett discuss relationships on the Court (also via the NYT):A week after Justice Amy Coney Barrett chastised Justice Sonia Sotomayor for choosing “to amplify disagreement with stridency” in a Supreme Court decision on former President Donald J. [read post]
12 Mar 2024, 8:41 am
It claims that the SET process was established to promote public confidence in IJ impartiality, despite clear Supreme Court guidance that judicial partiality is narrowly defined as a lack of bias for or against a party in the proceeding. [read post]
12 Mar 2024, 6:30 am
” This is, in fact, precisely how Justice Alito’s opinion in Brnovich v. [read post]
12 Mar 2024, 4:00 am
The current partisan imbalance on the Court is taking such an extreme form that it is difficult to find historical analogues.During the Warren and early Burger Court's liberal period, for example, the justices issued numerous landmark opinions that were extremely conservative. [read post]
10 Mar 2024, 9:01 pm
”Recently, per curiam decisions have become, Robbins says, “a convenient tool for the Supreme Court in deciding controversial cases, because ‘[w]ith no Justice signing the opinion, there was no individual to be blamed for evading the tough questions. [read post]
10 Mar 2024, 12:57 pm
Judge Matey dissented, arguing that (at least under the Supreme Court's decision in TransUnion v. [read post]
10 Mar 2024, 8:00 am
Because of the Supreme Court’s composition, it may be helpful to read the opinion, including the dissent, which noted: “The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. [read post]
10 Mar 2024, 7:42 am
Air Force The Scrubbed Scrubs Award: Ontario Ministry of Health, Canada The Judicial Blindfold Award: Mississippi Justice Courts It’s My Party and I Can Hide Records If I Want to Award: Wyoming Department of Education The Fee-l the Burn Award: Baltimore Police Department The Continuing Failure Award: United States Citizenship and Immigration Services The Creative Invoicing Award: Richmond, Va., Police Department The Not-So-Magic Word Award: Augusta County… [read post]
8 Mar 2024, 12:51 pm
No judicial minimalists they.And that brings me to my unusual connection to a pending case, US v. [read post]
8 Mar 2024, 6:30 am
But as judicial appointments have become more politicized and conservative justices have trimmed the sails of ambitious political reform, faith in the legal system as an agent of political reform has waned considerably. [read post]
7 Mar 2024, 10:50 am
Additionally, most divorce lawyers understand you have to make big decisions that will affect your future, and they will encourage you to seek a second (or even third) opinion. [read post]
7 Mar 2024, 6:08 am
As Justice Sutherland described our system in his opinion for a unanimous Court in Massachusetts v. [read post]
6 Mar 2024, 7:16 am
This is something the Colorado Supreme Court recognized was necessary, in this case—the determination of whether someone engaged in insurrection ,which required procedures and factual findings.And this is also what Justice Chase on the United States Supreme Court, then writing circuit as a circuit justice in 1869, noted in a case call Griffin's Case. [read post]
6 Mar 2024, 7:16 am
This is something the Colorado Supreme Court recognized was necessary, in this case—the determination of whether someone engaged in insurrection ,which required procedures and factual findings.And this is also what Justice Chase on the United States Supreme Court, then writing circuit as a circuit justice in 1869, noted in a case call Griffin's Case. [read post]
6 Mar 2024, 7:15 am
[The Supreme Court's ruling in Trump v. [read post]
6 Mar 2024, 3:49 am
On Monday, the Supreme Court surprised only the most optimistic of folks and reversed the Colorado Supreme Court's decision disqualifying Donald J. [read post]
6 Mar 2024, 3:00 am
” Supreme Court transcended ideological divisions The fact is that the Supreme Court justices have proved, again, that they are precisely the “real Supreme Court justices” that the Founding Fathers envisioned. [read post]
5 Mar 2024, 1:51 pm
But the Supreme Court may still avoid ruling on the merits.] [read post]
