Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Judiciary
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit
The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.
Where Did All the Summary Reversals Go?
Why is the Supreme Court issuing fewer summary reversals? Is Justice Barrett the reason?
The Danger of Trump Disobeying Court Orders [Updated]
The administration may be moving in that direction. If does so and gets away with it, the consequences are likely to be dire.
Calls for Popular Constitutionalism in the Rear-View Mirror
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
This Judge Tried To Get Out of Jury Duty by Saying Everyone Appearing Before Him Is Guilty
"I know they are guilty," otherwise "they would not be in front of me," said town justice Richard Snyder, who resigned in December.
Justice Thomas Is Not Happy with the Sixth Circuit (Again)
A dissent from the denial of certiorari in another Sixth Circuit Habeas case.
Why Did the D.C. Circuit Make It More Difficult to Find Opinions? -- Redux [UPDATED]
A good example of why the D.C. Circuit's website upgrade was actually a step backwards.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
White House Vetoes Bipartisan Bill to Create Needed Judgeships
It is apparently unacceptable that some of the new judges would be appointed by a Republican.
Congress Passes Legislation to Create Needed Judgeships, but Biden May Veto
There was bipartisan support for the JUDGES Act, but the election results appear to have changed that.
Federal Courts Still Lack Authority to Issue Advisory Opinions
The U.S. Court of Appeals for the Sixth Circuit reminds us that there are limits to Article III.
Federal Judge Rescinds Decision to Take Senior Status
Donald Trump will have at least one less federal district court vacancy to fill.
Arizona Voters Keep Libertarian Supreme Court Justice Clint Bolick
He’ll be around to protect our freedom for a few more years.
Why Has the D.C. Circuit Made It More Difficult to Find Opinions? [Updated]
A recent website "upgrade" is not an improvement.
Justice Kagan Does Not Like INS v. Chadha
Another interesting aside in the Royal Canin oral argument.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
The First Real Judicial Filibuster
Remembering the first time a partisan Senate minority blocked a judicial nomination that enjoyed majority support.
Previewing the Next Supreme Court Term (Updated)
A panel examining what is in store for October Term 2024.
Was the Federal Government's Defense of Race-Based Debt Relief for Farmers and Ranchers "Substantially Justified"?
An interesting question divides a panel of the U.S. Court of Appeals for the Sixth Circuit.
Kannon Shanmugam on the Legitimacy of the Supreme Court
A prominent appellate practitioner responds to recent attacks on the justices and the Court.
A Critique of Justice Kagan's Supreme Court Ethics Reform Proposal
Could a panel of lower court judges evaluate ethics complaints against Supreme Court justices?
"How Different Are the Trump Judges?"
A new empirical study assesses the "quality" of Trump's judicial nominations.
Justice Jackson Shares Her Concerns about Trump Immunity Ruling
In the same week that Jack Smith refiles his Trump Indictment, Justice Jackson talks about the SCOTUS decision that made refiling necessary.
Supreme Court's Shrinking Docket Is Increasingly Backloaded
The justices are hearing future cases, but that has not sped up their work.
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.
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.
