Claims tagged with "Legal"

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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

6 months ago
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

6 months ago
The methods used to resolve the constitutional question include original intent, textual meaning, and historical practice. 1.000

👤 The author 📋 Legal Analysis 🏷️ Legal

Simplified: Methods used to resolve constitutional question include original intent textual meaning and historical practice

1 sources

6 months ago
The debate around so-called jurisdiction-stripping proposals “defies brief summary because . . . [it] encompasses diverse elements.” 0.900

👤 The author 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Debate around jurisdiction-stripping proposals defies brief summary because it encompasses diverse elements

1 sources

6 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

6 months ago
Political-power arguments take the position that it is accep 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Political-power arguments take the position that it is accep

1 sources

6 months ago
Professors Saikrishna Prakash and John Yoo disagree, concluding that “there is a wealth of evidence that the Founders believed that the courts could exercise some form of judicial review over federal... 0.900

👤 Professors Saikrishna Prakash and John Yoo 📋 Legal Analysis 🏷️ Legal , Historical

Simplified: Professors Saikrishna Prakash and John Yoo disagree concluding there is wealth of evidence Founders believed courts could exercise some form of judici...

1 sources

6 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

6 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

6 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

6 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

6 months ago
Procedural-fairness arguments take the position that the way that Justices are currently selected is too partisan or arbitrary to be consistent with justice. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Procedural-fairness arguments take the position that the way that Justices are currently selected is too partisan or arbitrary to be consistent with j...

1 sources

6 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

6 months ago
Section B looks to historical context to explore the role of substantive disagreement with the Court in past moments of national interest in Court reform and in the present moment. 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political , Historical

Simplified: Section B looks to historical context to explore the role of substantive disagreement with the Court in past moments of national interest in Court ref...

1 sources

6 months ago
Supreme Court reform is in the air. 0.950

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Supreme Court reform is in the air

1 sources

6 months ago
They begin with principles that are widely accepted in our democracy, citing support from the Constitution, historical practice, or political design, and they persuasively explain how those shared pri... 0.900

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: Reformers begin with widely accepted principles citing support from the Constitution historical practice or political design and they persuasively exp...

1 sources

6 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

6 months ago
Selfish disregard for the rules would not be a very persuasive reason to change the Court, so an important question for reformers is why, other than competing political interests, the Court ought to b... 0.900

👤 The author 📋 Legal Article 🏷️ Political , Legal

Simplified: An important question for reformers is why the Court ought to be changed other than competing political interests because selfish disregard for the ru...

1 sources

6 months ago
Most importantly, as its membership changed, the Court started a new era in which it declined to protect abortion and voting rights and invalidated affirmative action, environmental protection, and gu... 0.950

👤 The author 📋 Legal Article 🏷️ Legal , Political

Simplified: The Court started a new era in which it declined to protect abortion and voting rights and invalidated affirmative action environmental protection and...

1 sources

6 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

6 months ago