Category Archives: Supreme Court
“Political Opportunity: A New Framework for Democratic Reform”
New report from Mark Schmitt for Brennan/New America.
What should a useable framework for political reform achieve? First, it should rest on an accurate description of what’s wrong with the current political process. Second, it should lead to policy responses… Continue reading
“The Intratextual Independent ‘Legislature’ and the Elections Clause”
Northwestern University Law Review Online is pleased to announce its publication of Professor Michael Morley’s most recent essay, The Intratextual Independent “Legislature” and the Elections Clause.
In the essay, Professor Michael Morley assesses the Constitution’s Elections Clause and how… Continue reading
“Nice Going, Genius”
Ben Yagoda’s Lingua Franca column in the Chronicle of Higher Education:
In the slim annals of professorial humor, one of the cherished entries concerns an anthropological linguistics conference where the speaker declaims, “In languages all over the globe, one finds… Continue reading
Linda Greenhouse NYT Column on Statutory Interpretation Issues in #SCOTUS Obamacare Lawsuit
Here.
NYT Study in Contrasts: #SCOTUS Criticism of Unpublished Appellate Decisions vs. The Supreme Court’s “Shadow Docket”
Today’s NY Times brought us both Adam Liptak’s Sidebar column in which Supreme Court Justices have been criticizing lower federal appellate courts for issuing “unpublished” opinions which lack the force of precedent in the jurisdiction, and Will Baude’s oped… Continue reading
“Dire predictions about Citizens United prove false”
Scott Blackburn Washington Times oped.
“The Fall and Rise of Specialized Federal Constitutional Courts”
The final version of Michael Solimine’s very important article (University of Pennsylvania Journal of Constitutional Law). Here is the abstract:
Most constitutional challenges in federal court to federal statutes are litigated in the familiar pattern of a decision by a… Continue reading
“Of Constituents and Contributors”
Richard Briffault has posted this draft on SSRN (forthcoming, University of Chicago Legal Forum). Here is the abstract:
In the stirring conclusion to his opinion in McCutcheon v. FEC, Chief Justice Roberts pointed to the close connection between campaign contributions… Continue reading
“Democracy has become a Cash Cow”
Eliza Newlin Carney for CQ Roll Call:
The Citizens United v. Federal Election Commission ruling that blew the lid off campaign spending five years ago has also ushered in a Gilded Age for the booming political consulting industry.
The paychecks… Continue reading
“Why Judges Tilt to the Right”
Adam Liptak NYT analysis:
LAWYERS on average are much more liberal than the general population, a new study has found. But judges are more conservative than the average lawyer, to say nothing of the graduates of top law schools.
What… Continue reading
“U.S. Supreme Court to Rule on the Meaning of ‘Legislature’”
Bauer Sur-Reply on Citizens United and Foreign Money
Bob‘s last (?) word.
Hasen on Bauer on Hasen on President Obama on #SCOTUS on Foreign Campaign Spending
Is the following statement by President Obama false?
“But five years ago, a Supreme Court ruling [Citizens United] allowed big companies – including foreign corporations – to spend unlimited amounts of money to influence our elections.”
I argued that … Continue reading