Nuclear Option
Following up on Kash’s post on the possibility of Republicans amending Senate rules to eliminate filibusters, at least in the context of judicial confirmations, I challenge anyone to watch Senate…
Following up on Kash’s post on the possibility of Republicans amending Senate rules to eliminate filibusters, at least in the context of judicial confirmations, I challenge anyone to watch Senate…
…about judicial independence. (Freedom! Liberty! Judicial Independence!) As if an independent office of inspector general, as statutory proposals would establish, couldn’t distinguish between unethical or outright illegal conduct and, well,…
…process rights of individuals, although this usually is limited to the states’ judicial branches; the legislative and executive branches aren’t sovereigns like the judicial branches are, and do see this…
…that it is “the province and duty of the judicial department to say what the law is.”Quoting Chief Justice John Marshall from Marbury vs. Madison (1803) footnote 742, the Court…
…some of Trump’s most extreme efforts to upend our democratic institutions and pushed back against a few of the president’s worst threats to the judicial branch, most notably when Trump…
From Mark Tushnet: Here’s a thought in the event that there is a Biden appointed commission on court reform. What about a Joint Resolution on Judicial Power: “No court shall…
…Courts.” This section focused on what Powell called “exploiting judicial action.” He called it an “area of vast opportunity.” He wrote: “Under our constitutional system, especially with an activist-minded Supreme…
…David Sirota/Jacobin 02 july 22 Chief Justice John Roberts is spearheading the right’s judicial coup — and Democrats’ worship of norms is allowing it to accelerate. As the director of…
…of the United States. To your ultimate question there, I think that it was much different than it is today to be a legal and judicial conservative. I attributed to…
…Society) one most lawyers know from law school. It is, for the most part, a debating society, made up of like-minded aspiring lawyers drawn to conservative ideas and judicial doctrine….