It became readily apparent that the [Kavanaugh] fight was not about his judicial philosophy or whether the allegations of sexual misconduct were true. It rapidly became a war between our two political tribes in which the only thing that mattered was victory and in which each side was living in its own reality.
This movie will end like the Gorsuch show did, the outcome having been scripted with the 2016 election results. The Democrats do not have the votes, and barring something very unforeseen there will be a vote on Judge Kavanaugh sometime in the next 30 days or so.
Politico/Morning Consult have some polling data out, taken after the Kavanaugh SCOTUS pick, and Sixty-one percent support term limits for Supreme Court justices, support that crosses party affiliation; two-thirds of polled Democrats and 58 percent of Republicans. 20% overall oppose limits.
Burt Likko makes an ambitious proposal.
The predictable split of the Court on this matter portends the inevitable split between the left and right leaning citizenry, as many decisions this term have done. With the strong, provocative rhetoric from our President which underlies the whole thing, it is hard to reconcile the two sides.
Tipping point. An idea whose time has come. Don’t get caught on the wrong side of history.
Ignorance is not only ignorance, and we need to understand why others make the mistakes they do.
Never before can I recall the Order List being more interesting.
A preview of selected cases appearing on the United States Supreme Court’s docket for the 2016-2017 Term.
History repeats, cycles become complete… Word to the (partisan) drumbeat.
The Supreme Court adjourns for the Term with decisions about redistricting, air pollution, and executions. Burt Likko summarizes each of them, and offers a sad observation about judicial comity losing one of its most prominent sentinels,
The legal writing in Obergefell v. Hodges is both a model and a caution for future writers, especially those who, like lawyers, would write to persuade.
Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.
An underwhelming report from SCOTUS this morning.
What happens when a fraternal organization, dedicated to commemorating Confederate veterans of the U.S. Civil War, declares “all in” before the U.S. Supreme Court, in a case where there appear to be two directly controlling yet contradictory cases and the ideological alignments of the Justices are apparently inverted? Burt Likko breaks down today’s license plate case.
The calendar has become short — and heavy.
If the three-drug cocktail used for capital punishment is found cruel and unusual, how ever shall we kill our prisoners?
This one is going to be a squeaker.
Many are summoned. Few will serve.
The Celestial Emporium of Benevolent Knowledge gave us some of the strangest taxonomies to date; can you top it?
Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.
One of Burt Likko’s greatest hits, offered in celebration of #judicialreviewday.
Don’t immediately assume that the result is a fait accompli.
James Hanley doubts the argument against subsidies for federal health care exchanges is bonkers.
A revealing remark from a prosecutor arguing before the Supreme Court today, complete with Burt Likko’s translation of an exchange in plain English.
Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.
James Hanley finds unintended humor in an old Supreme Court ruling.
Concluding the Supreme Court’s Term are Harris v. Quinn and the newly-renamed Burwell v. Hobby Lobby. Hint: both majority opinions are from Samuel Alito.
It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.
If you were a bit disappointed by a rather boring Monday in the end of June day at SCOTUS, hold your horses.
This summer, SCOTUS is expected to take yet another step in declaring that false statements are protected by the first amendment — provided they’re uttered for political reasons.
Nearly every social conservative who called for the impeachment of Justice Anthony Kennedy after his opinion in Lawrence v. Texas owes the man an apology. Burt Likko explains why in a longish analysis of Monday’s decision in Town of Greece v. Galloway.
Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?
The Ordinary Court’s majority moves on to the final issue left in the case, and issues its ruling.
Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.
In Part III of the Ordinary Court’s treatment of the Hobby Lobby case, the Ordinary Justices’ voting pattern shifts, with dramatic results.