Claims tagged with "Legal"

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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

7 months ago
Politicians now treat the Court as a prize to be contested, which they do by engaging in gamesmanship, appointing younger judges to maximize their life tenure, and framing nomination hearings as polit... 0.900

👤 The author 📋 Legal Analysis 🏷️ Legal , Political

Simplified: Politicians now treat Court as prize to be contested which they do by engaging in gamesmanship appointing younger judges to maximize their life tenure...

1 sources

7 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

7 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

7 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

7 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

7 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

7 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 🏷️ Legal , Political

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

7 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

7 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

7 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

7 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 , Historical , Political

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

7 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 🏷️ Legal , Political

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

7 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

7 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

7 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

7 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

7 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

7 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

7 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

7 months ago