Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
Judiciary
Justice Kagan's Ninth Circuit Judicial Conference Remarks
Thanks to C-Span, video is now available.
The Behind the Scenes Wrangling in the Idaho Abortion Case
Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.
"Wall Slammer" Kagan Seems to Endorse Ethics Code Enforcement at Supreme Court
Candid end of term comments from one of the Court's progressive justices.
Will an Ohio Judge Lose His Law License?
The Office of Disciplinary Counsel comes for the "censorious" Judge Tim Grendell
Dismissal of Trump Classified Documents Case Checks the Power of Special Counsels
The decision agreed with Trump that Special Counsel Jack Smith was improperly appointed, which could have positive downstream effects for the rest of us, as well.
Excessive Calls for Recusal Threaten Judicial Independence
Activists and politicians look for almost any excuse to claim that judges should withdraw from cases. Their calls for recusal may be frivolous, but it gives them an opportunity to criticize judges they don't like.
Learning to Like the "Loneliest Justice"
That some legal commentators are surprised by Justice Barrett may say more about Court commentary (and the way she was caricatured when nominated) than it does about Justice Barrett.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
SCOTUS Rules SEC's In-House Handling of Securities Fraud Cases Violates the Right to Trial by Jury
The decision rejects a system in which the agency imposes civil penalties after investigating people and validating its own allegations.
Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?
Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
Supreme Court to Consider State Ban on Gender Dysphoria Treatments for Minors (Updated)
The Court's grant of certiorari is limited to only one of the issues in this litigation.
Supreme Court OT2023 in the Final Stretch
The justices are rushing to close out the term before the end of June.
Supreme Court OT2023 at the Middle of June
The justices still have over one-third of the term's cases remaining.
Did Environmental Groups Drop Challenges to SEC Climate Disclosure Rule Because They Lost the Lottery?
Green groups dropped their suits after the various challenges to the SEC's climate disclosure rule were consolidated in a fairly conservative circuit.
Supreme Court OT2023 at the End of May
The justices have been slow and quite agreeable -- so far.
Judge David Tatel on the Roberts Court, the Voting Rights Act, and the Notorious RBG
In a forthcoming book. retired Judge David Tatel offers candid thoughts and spills the tea.
Justice Sotomayor Speaks on Her "Desperation" on the Court
Recent remarks at Harvard may be a preview of what is to come.
Justice Thomas Raises Concerns About Increase in Expedited Appeals on "Shadow Docket"
Speaking at the Eleventh Circuit Judicial Conference, Justice Thomas echoes some of the concerns expressed by Justice Kavanaugh.
Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court
Some interesting comments at the Fifth Circuit Judicial Conference
Adler v. Chemerinsky on the U.S. Supreme Court
A civil discussion on the U.S. Supreme Court and its role in American life, past and present.
U.S. Sentencing Commission Restricts Federal Judges' Ability To Use Acquitted Conduct at Sentencing
The little-known but outrageous practice allowed judges to enhance defendants' sentences using conduct a jury acquitted them of.
Senator Blumenthal Suggests Justice Sotomayor Should Think About Retiring (Without Calling Upon Her to Do So)
Public calls continue for Justice Sotomayor to step down so that President Biden can name her replacement before the election.
Randy Kozel on the Law of En Banc Review
A welcome paper analyzing the practice of en banc review on the federal circuit courts.
The Traditionalist Supreme Court
Professor Marc De Girolami's assessment of the Roberts Court.
The Ethics of Law Professor Amicus Briefs Revisited
Are law professors too quick to sign their names on briefs submitted to courts? Is this a problem?
Does the Law of Standing "Need a Rewrite" After TransUnion?
Another federal appellate judge expresses discontent with current standing doctrine.
Should Justice Sotomayor Retire? Some People Think So.
Some liberals and progressives think Justice Sotomayor should retire this year to ensure a Democratic President names her replacement.
Were There Last Minute Changes to Trump v. Anderson?
There are reasons to suspect the justices were wrangling over language up until the last minute.
Justice Kavanaugh Still Wants SCOTUS To Hear More Cases
The Supreme Court's docket may be awfully small, but it's not Justice Kavanaugh's fault.
While Attention Was on Oral Argument in Trump v. Anderson, the Supreme Court Issued Two Opinions
Things you may have missed between the Trump disqualification case, Biden special counsel report, and NBA trade deadline.
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
More Circuit Court Vacancies For Biden To Fill (But Not As Many As There Could Be)
Quite a few judges have opted to take senior status, but some who are eligible have not.
Guest Post on Israeli Supreme Court Decision Striking Down Law Restricting Judicial "Reasonableness" Review of Government Policies
The post is by prominent Israeli legal scholar Ronit Levine-Schnur (University of Tel Aviv).
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
Is the Fifth Circuit Becoming the New Ninth?
The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.
Justice Kavanaugh Really Wants to Hear More (Patent) Cases
Not all of the justices are happy about the Court's stingy approach to certiorari.
Does the Quality of Brief Writing Affect the Outcome of Supreme Court Decisions?
An interesting empirical study looks at whether better briefs lead to better outcomes.
Israeli Parliament Passes Law Limiting Judicial "Reasonableness" Review of Government Policies
The new law is probably the least objectionable part of the right-wing government's attack on judicial review in Israel.
Are Petitions for Certiorari Declining?
October Term 2022 saw a significant drop in the number of paid petitions for certiorari. Is it a trend?
Notes on "The Restrained Roberts Court"
Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.
Looking Back on the Supreme Court's 2022-23 Term
Some end-of-term comments and an assessment of my end-of-term predictions.
President Biden: Supreme Court Is Not "Normal," But Should Not Be Expanded
The President strongly criticized the Supreme Court's recent decisions, but refuses to endorse radical reform.
Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment
The question presented is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
