The court’s decision says Trump can not work around Congress by making decisions without Congress agreeing. “The Supreme Court’s tariff decision extends far beyond tariffs” It stops Trump from deciding not to spend money Congress appropriated, and from going to war without Congress’s approval Robert Reich Friends, A 6-3 majority of the Supreme Court decided […]

The judges are ‘sounding the alarm’ over Supreme Court’s overuse of the shadow docket. Somebody *had* to say it. – Kathryn Rubino “In A Bold Move, Federal Judges Are Calling Out The Supreme Court’s Bullsh*t,” Above the Law There’s a pretty clear hierarchy in the federal judiciary, with the nine justices on the Supreme Court […]

Live coverage as Supreme Court Chief Justice John Roberts speaks with Dean William M. Treanor as a part of the 2025 Graduating Class at Georgetown Law. Certainly, worth listening too. I do not agree with some of the conclusions the majority has reached. The John Roberts court created cover for this President giving him they […]

The Supreme Court needs to decide whether the 14th Amendment bars Trump from running for or serving as President again, and whether the President – and therefore Trump – enjoys broad criminal immunity for acts taken while in office.  These cases highlight the intrinsically political nature of the Court itself.  Many legal and political commentators […]

Mark Tushnet is a leading critic of the Supreme Court and of the way judicial review is practiced today in the United States.  Following the Court’s recent decision on affirmative action, Tushnet and Aaron Belkin wrote an open letter urging President Biden to defy the Supreme Court (my bold): We urge President Biden to restrain […]

Senate Democrats are not having fun these days unless they’re attacking a conservative Supreme Court Justice. Thursday’s markup of their judicial “ethics” bill was the event of the season. Leading the charge was Rhode Island Sen. Sheldon Whitehouse claiming the High Court is “captured by special interests.” Mr. Whitehouse brought up “freebie vacations.” He also […]

I (run7511) resurrected this commentary from March 2013. It is a realistic commentary about what John Roberts is all about. A take on what they were discussing then and how SCOTUS is reacting today. WASHINGTON — As the justices of the Supreme Court struggled with the question of same-sex marriage this week, politicians in Congress […]

The Atlantic’s Brooke Harrington has an article about Justice Thomas’s friendship with people outside the court which includes gift-giving. There is no reciprocation of “its my turn now to buy the dinner.” The gifts are far more than just a lunch or dinner at a much-desired restaurant. That there are no rules defining ethical behavior […]

‘Brutus,’ the anti-Federalist to presciently foresaw the Imperial Supreme Court   As you may recall, for the past several years I have done a great deal of historical reading about Republics; how they were structured, what were their strengths and weaknesses, whether they were able to last a long time, and whether they were consistent […]

Senator Whitehouse posted the clips of his presentation on the Powell Memo at youtube. Ken posted the text of it here. I have known about the Powell memo for a long time. People really do need to come to internalize just what this part of our political history means for our present day social structure […]