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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…

Enforcing the Constitution

…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…

A Political Judiciary – Sunday Edition

…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…

The Lewis Powell Court

…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…