Trump vowed to choose a nominee from the 2016 list, so he should nominate Amy Coney Barrett to the Supreme Court.
The next president will likely solidify a lasting majority on the courts of appeals, either cementing President Trump’s judicial legacy or largely undoing it.
Judges who can find no support in law for the outcome they want resort to their own personal sense of morality to achieve their desired result.
For nearly four hours Tuesday, the full D.C. Circuit Court of Appeals drilled attorneys for Michael Flynn, the DOJ, and Judge Emmet Sullivan on a wide range of issues, including separation of powers and the propriety of mandamus.
Sen. Josh Hawley’s pledge to vote only for nominees who have objected to Roe v. Wade would mean a vote against Clarence Thomas, and in favor of David Souter, Anthony Kennedy, and Sandra Day O’Connor.
The decision could radically change criminal justice in the state, cast doubt on thousands of convictions, and endanger protections for tribal children.
By opening his courtroom to John Gleeson and other anti-Flynn amici, Judge Sullivan has converted the judicial branch into an emissary of the Democratic Party.
The pandemic has undermined criminally charged people’s right to a speedy trial, unleashing a myriad of other problems in the criminal justice system.
In a rare move, a three-judge panel ordered the presiding judge in the criminal case against Flynn to respond to his attorney’s petition for a writ of mandamus.
A federal right to education would lead to a national, one-size-fits-none educational system, under which states would be powerless to object. It’s an unconstitutional disaster.
The rule that applies to us — ‘you break it, you buy it’ — should also apply to the government. It shouldn’t get a free pass for violating our freedoms.
It’s a dangerous precedent that government could consider itself the arbiter of private essential services.
While his opponent hopes to bring her focus on social justice to the state Supreme Court, Justice Dan Kelly wishes to ‘assiduously patrol the borders between the branches.’
If we are going to provide Big Tech with a sweetheart deal, it must be a deal that also works for the American people. It’s time to rewrite Section 230.
Justice Neil Gorsuch issued a concurring opinion about the threat nationwide injunctions present to separation of powers and the role of the courts under the Constitution.
In the Federalist Society, we debate ideas with the nuance we wish existed in other corners of the legal realm. It’s distressing to see some so eager to destroy that under the alleged auspices of impartiality.
The Supreme Court will rule this year on Google v. Oracle, and when it does, it can rein in both Google and the legal doctrine of ‘transformative use,’ an abuse of the ‘fair use’ exceptions to copyright laws.
If there is to be a just result in Flynn’s case, the court must address the question about Covington’s conflict of interest. Flynn shouldn’t be punished for mistakes that are attributable to his counsel rather than to him.
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