Judiciary
Biden Judge Blocks Firebomber’s Family’s Deportation
Mohamed Sabry Soliman is the Egyptian illegal who attacked Jews in Boulder, Colorado with an improvised flamethrower and Molotov cocktails. He has a wife and five children, all of whom evidently are also illegal immigrants.…
Trump’s Federalist Society attack is a bad omen for originalism
President Donald Trump remade the Republican Party in his own MAGA image. Will he now do the same to the conservative legal movement? During his first term, Trump benefited immeasurably from his association with Leonard Leo,…
Is Justice Barrett “Solidifying Herself as the Swing Justice”?
In a recent post, Josh Blackman writes that "Justice Barrett is solidifying herself as the swing Justice," citing a recent analysis by Adam Feldman of Legalytics. As someone who follows the Court quite closely, this…
Personal & confidential: Myron Bright
When I graduated from law school I went to work as a law clerk for Judge Myron Bright of the United States Court of Appeals for the Eighth Circuit for two years, from 1979-1981. Judge Bright died on December 12, 2016, in…
Do Lower Court Judges Time Their Decisions to Take Senior Status (or Retire) Based on Who May Replace Them?
Do lower court judges time their decisions to take senior status or retire, and thus create a vacancy for a President to fill, based upon who they think might replace them? It is an interesting (and timely) question--and one…
A Strange Sort of Democracy
I have sporadically written about various lawsuits that have been brought to enjoin pretty much anything the Trump administration tries to do, but there has been such a blizzard that it is impossible to keep up with them.…
Does the Big, Beautiful Bill Contain a Threat to Judicial Independence? (Updated)
The New York Times reports on an ominous provision in the House passed "Big Beautiful Bill" through which Republicans are trying to "weaken federal judges." From the story: The sprawling domestic policy…
Supreme Court Restores Maine Legislator’s Voting Rights Pending Outcome of Appeal
Today the Supreme Court granted Maine state representative Laurel Libby's request for an emergency injunction pending appeal as she seeks to vindicate her rights to speak and vote in the Main legislature. Justices…
Roberts’ Rules for Defending Judicial Independence and the Rule of Law
On Monday, Chief Justice Roberts spoke at the Georgetown Law School. Among other things, the Chief repeated his concern about threats to the rule of law and judicial independence. From Politico's report: Chief Justice…
David Souter shaped the Supreme Court through the backlash he inspired
Supreme Court Justice David Souter, who died last week at age 85, will probably not be remembered as the author of any truly momentous majority opinions, because he never really wrote any of those. Nor will Souter be…
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