John Roberts – Judicial Activist
Kevin Drum reports on the willingness of Justices Roberts, Scalia, and Thomas to overturn a state law in deference to something the Bush Administration wanted to do. William Branigin reports:…
Kevin Drum reports on the willingness of Justices Roberts, Scalia, and Thomas to overturn a state law in deference to something the Bush Administration wanted to do. William Branigin reports:…
…chief judge to aver that this is a judicial emergency (or something) in order to invoke the statute. Not under oath, though. But this post is about BAMN. So for…
…he cannot afford to have judicial principles. I will pass over Kavanaugh’s judicial practice, safe to say that he is the most perfect example I have found so far of…
…is always better for life-tenured jurists to stay in their lane, avoid partisan political criticism, and work to preserve the vitally important norms of judicial independence and nonpartisan, oracular judicial…
Voting in a Time of Covid: A Question about Judicial “Originalism” The originalist theory of legal interpretation holds that judges, in reviewing the implementation of a statute, should be guided…
…physicians what they already k new, Depakote was a very valuable medication for “off-label” (unapproved uses). In the irony department, prescribing and administering Depakote for off-label uses is legal, and…
…information about products’ energy use. Label is voluntary, and Congress ordered it The Energy Star label is voluntary for products that meet certain efficiency levels, and differs from Department of…
…wasn’t well-qualified for the role, but because the ugly politics of the era we live in intervened. We all understand politics play a role in judicial selection. Federal judges get…
…magistrates and the paralysis of the judicial system. Elected officials can’t appoint magistrates, but they do finance the judicial system and write the code of procedure which must be followed….
…is which involved work). Importantly, the empirical relationship does not correspond to alleged “judicial philosophies” such as respect for precedent, consideration of hypothetical original intent, textualism, or judicial restraint. Instead,…