Category Archives: Constitution

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 | Leave a comment

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

The Legal System Continues, per Ginsburg, J., To Protect the Constitutional System Against Trump

Yesterday morning the New York Times published a precedent-shattering interview with Justice Ruth Bader Ginsburg. Unless they have a book to sell, Supreme Court justices rarely give interviews. Even then, they diligently avoid political topics. Justice Ruth Bader Ginsburg takes … Continue reading

Posted in Access to Justice Generally, Constitution, Judicial Ethics, Supreme Court, White House | 1 Comment

Watching for Signs of Dictatorship and the Legal System

When I started my politics and humor blog, I had intended to maintain a pretty rigid line between the materials on that blog and this one. It is a measure of how much things have deteriorated in the last month … Continue reading

Posted in Access to Justice Generally, Bar Associations, Constitution, Federal Courts, White House