George Brown has posted this draft on SSRN (forthcoming, Virginia Journal of Criminal Law). Here is the abstract:
The article begins with a discussion of the critique in order to put McDonnell in context. In particular, I examine what is… Continue reading
Sen. Schumer NYT oped:
Judge Gorsuch’s behind-closed-doors admission that he felt “disheartened” by President Trump’s attacks on judges could well be akin to Judge Roberts’s “balls and strikes.” Judge Gorsuch told it to me in private; when Senator Richard Blumenthal… Continue reading
Bernie Grofman at The Monkey Cage (and to be clear, the Supreme Court has not yet agreed to hear any case raising these issues):
If, in 2017, the court does not specify a manageable standard for identifying unconstitutional partisan gerrymandering,… Continue reading
I explained the other day why Judge Gorsuch’s mild criticism of Pres. Trump’s statements about judges made for smart politics: mild enough so that Trump would not take offense, but strong enough to give him something credible to say when… Continue reading
In a meeting with Senator Blumenthal, Judge Gorsuch said he was “demoralized” and “disheartened” by the President’s attack on the judiciary (presumably not only in relation to the current dispute over the executive order on immigration). The statement was not… Continue reading
Bloomberg:
“The judge today avoided answering questions like the plague,” Schumer told reporters. He said he also asked for Gorsuch’s views on the Supreme Court’s 2010 Citizens United campaign-finance decision and the Constitution’s emoluments clause that bars officeholders like Trump… Continue reading
I have posted this draft on SSRN, for the forthcoming symposium on Redistricting after 2020 at William and Mary. I think this piece brings together a lot of my thinking (and others’ thinking) on the “race or party” question… Continue reading