The Supreme Court passed up its best opportunity to give greater content to the independent state legislature theory outside the context of a hot presidential election, in a case out of Montana. It is somewhat surprising that the Court did… Continue reading
NYT:
The circumstances were extraordinary for another reason: Justice Alito was being drawn into a highly personalized effort by some Trump aides to blackball Republicans deemed insufficiently loyal to Mr. Trump from entering the administration, according to six people with… Continue reading
Here is the order in full:
24A666 TRUMP, DONALD J. V. NEW YORK, ET AL.
The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the… Continue reading
NYT:
When the Supreme Court hears arguments on Friday over whether protecting national security requires TikTok to be sold or closed, the justices will be working in the shadow of three First Amendment precedents, all influenced by the climate of… Continue reading
Jimmy Hoover for the NLJ.
I offered some thoughts in this one:
Many commentators say that a similar dynamic is responsible for today’s partisan rancor in light of the Supreme Court’s now solidly 6-3 supermajority of Republican appointees.
“The Supreme… Continue reading
NYT:
Judicial independence is under grave threat on several fronts, Chief Justice John G. Roberts Jr. wrote on Tuesday in an unusually urgent and somber year-end report on the state of the federal judiciary.
“Violence, intimidation and defiance directed at… Continue reading
Carolyn Shapiro has written this article for the NYU Law Review. Here is the abstract:
In Moore v. Harper, the Supreme Court rejected the extreme proposition that state legislatures operate free from state constitutional constraints and judicial review when they… Continue reading
NYT:
Justice Clarence Thomas failed to disclose two additional trips from a billionaire patron than have previously come to light, Senate Democrats revealed on Saturday after conducting a 20-month investigation into ethics practices at the Supreme Court.
The findings were… Continue reading