Category Archives: Constitution

Nevada Shows It Is Time for Another Shot at the Equal Rights Amendment

I have been thinking for a few days that maybe it was time to think about a new initiative to pass the (gender) Equal Rights Amendment (ERA). My thought was that the last failures to reach the required three quarter … Continue reading

Posted in Constitution, Discrimination, Supreme Court | Leave a comment

Yet Another Way to Challenge the Legal Sufficiency of the Trump Presidency — Competency to Sign Orders and Bills

There has finally started to be some attention to the 25th Amendment mechanism for removal of the President (Larry Tribe on MSNBC, transcript here). The main problem is that while the VP would surely welcome such a development, can not … Continue reading

Posted in Access to Justice Generally, Attorney-Client, Congress, Constitution, Supreme Court, White House | Leave a comment

The Totally Unbalanced Amici List in the Ninth Circuit Tells the Whole Story

As a general matter, the line up of amici in a significant case provides some indication of how institutions are lining up on the issue.  If this were an issue on which the country were split, one might expect that … Continue reading

Posted in Constitution, Judicial Supremacy

On the Need for Uncompromising Reassertions of Neutral Principles Regardless of Inevitable Political Implications

There is obviously a lot to cheer about today, as different aspects of our complex, flexible, and therefore very resilient system starts to trigger its anti-fascism-antibodies. One of the most important, in the long term, may be the fact that … Continue reading

Posted in Access to Justice Generally, Constitution, International Cooperation, Judicial Ethics, Science

Principles for Legitimacy In Questioned Elections

Given the extreme importance for access to justice that even highly inflammatory issues are decided on a neutral and principled basis, I cross post my recent blog that discusses Legitimacy.  The Principles are intended to be non-partisan and universal. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ … Continue reading

Posted in Access to Justice Generally, Congress, Constitution, Judicial Ethics | 1 Comment

True Neutrality in a Time of Existential Crisis

What is rapidly becoming not a national existential crisis, but a world existential crisis forces us to examine not the limits of neutrality, but the obligations of neutrality. The United States is enriched by enormous numbers of organizations that are … Continue reading

Posted in Access to Justice Generally, Constitution, Federal Courts, Judicial Ethics | 2 Comments

Would Having Famous White Actors Re-Enact Being the Shooting Victims Help Change White Attitudes?

It is great that celebrities are being used to draw attention to the wide variety of situations in which Black people can be shot by cops in the US. But surely it would be more of an opinion changer if … Continue reading

Posted in Chasm with Communities, Constitution, Criminal Law, Policing | 2 Comments