Claims tagged with "Legal"

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Professor Richard Fallon disagrees: as long as some assumptions are true, “judicial review is reasonably defensible within the terms of liberal political theory.” 0.900

👤 Professor Richard Fallon 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Professor Richard Fallon disagrees as long as some assumptions are true judicial review is reasonably defensible within terms of liberal political the...

1 sources

4 months ago
Reformers propose a variety of modifications to the Court’s power of judicial review in order to address these problems. 0.900

👤 The author 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Reformers propose variety of modifications to Court's power of judicial review to address problems

1 sources

4 months ago
Professor Keith Whittington writes: “It is a bit of an embarrassment that [judicial review,] such a fundamental aspect of American constitutionalism[,] was not explicitly incorporated into the [Consti... 0.900

👤 Professor Keith Whittington 📋 Legal Analysis 🏷️ Legal , Historical

Simplified: Professor Keith Whittington writes it is embarrassment that judicial review was not explicitly incorporated into Constitution's text

1 sources

4 months ago
Professor Larry Kramer concludes that the power of “judicial review was never imagined.” 0.900

👤 Professor Larry Kramer 📋 Legal Analysis 🏷️ Legal , Historical

Simplified: Professor Larry Kramer concludes power of judicial review was never imagined

1 sources

4 months ago
Another reason for reforming the Court is that the process for selecting Justices causes the Court’s decisions to be influenced by the wrong factors. 0.900

👤 The author 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Another reason for reforming Court is process for selecting Justices causes Court's decisions to be influenced by wrong factors

1 sources

4 months ago
Professor Jeremy Waldron thinks that “judicial review is inappropriate for reasonably democratic societies . . . . Ordinary legislative procedures [are enough, and] . . . an additional layer of final... 0.900

👤 Professor Jeremy Waldron 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Professor Jeremy Waldron thinks judicial review is inappropriate for reasonably democratic societies ordinary legislative procedures are enough additi...

1 sources

4 months ago
The Supreme Court has claimed to be and has been treated as the “ultimate expositor of the Constitution” since the 1950s. 0.950

👤 The author 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Supreme Court has been treated as ultimate expositor of Constitution since 1950s

1 sources

4 months ago
Professor Michael Klarman notes that, after Marbury, “[t]he Court[] . . . fail[ed] to invalidate a single state law until 1810 and a second federal law . . . until 1857. Thus, the judicial review powe... 0.900

👤 Professor Michael Klarman 📋 Legal Analysis 🏷️ Legal , Historical

Simplified: Professor Michael Klarman notes after Marbury Court failed to invalidate single state law until 1810 and second federal law until 1857 judicial review...

1 sources

4 months ago
Regarding the selection process, a potential nominee’s partisan affiliation plays an important role in judicial selection in both the Supreme Court and lower federal courts. 0.900

👤 The author 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Regarding selection process potential nominee's partisan affiliation plays important role in judicial selection in both Supreme Court and lower federa...

1 sources

4 months ago
By itself, it does not provide a conclusive answer to how the Court ought to be structured — or why that structure ought to change. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: The formal debate by itself does not provide a conclusive answer to how the Court ought to be structured or why that structure ought to change

1 sources

4 months ago
Of course, many would dispute that this Court has transgressed that kind of boundary. 0.850

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Many would dispute that this Court has transgressed that kind of boundary

1 sources

4 months ago
Formal arguments are abstract ideas about the Court’s structure and role in our democracy. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Formal arguments are abstract ideas about the Court's structure and role in our democracy

1 sources

4 months ago
President Trump had appointed three Justices, each to the outrage of liberals and progressives: Justice Gorsuch (after Senator Mitch McConnell stalled consideration of President Obama’s nominee to rep... 0.950

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: President Trump had appointed three Justices each to the outrage of liberals and progressives

1 sources

4 months ago
Because the pro-reform moment coincides with the Court’s rightward turn, one might think that Supreme Court reformers are progressives who lost the judicial game and want to change its rules so that t... 0.850

👤 The author 📋 Legal Article 🏷️ Political , Legal

Simplified: One might think Supreme Court reformers are progressives who lost the judicial game and want to change its rules so that they win because the pro-refo...

1 sources

4 months ago
However, the formal debate is complicated, with reasonable perspectives on all sides. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: The formal debate is complicated with reasonable perspectives on all sides

1 sources

4 months ago
Disempowerment arguments take the position that the Constitution permits or even requires reducing the Court’s power to invalidate actions of the other branches of government. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Disempowerment arguments take the position that the Constitution permits or even requires reducing the Court's power to invalidate actions of the othe...

1 sources

4 months ago
It represents a claim that the Court is crossing a moral line, beyond which its decisions can no longer be respected. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: The substantive emergency represents a claim that the Court is crossing a moral line beyond which its decisions can no longer be respected

1 sources

4 months ago
Justices Scalia and Ginsburg were dead. 1.000

👤 The author 📋 Legal Article 🏷️ Legal

Simplified: Justices Scalia and Ginsburg were dead

1 sources

4 months ago
But the kind of substantive emergency that would require Court reform is different in kind from mere political disagreement. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: The kind of substantive emergency that would require Court reform is different in kind from mere political disagreement

1 sources

4 months ago
This Chapter argues that looking to the substance of the Court’s decisions brings a more complete case for Court reform into view. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: This Chapter argues that looking to the substance of the Court's decisions brings a more complete case for Court reform into view

1 sources

4 months ago