Category Archives: Judicial Supremacy

The Corporate Response to Trump

I have been suggesting that the “public trust and confidence” analogy between public commitment to court processes and fairness and public politics process and fairness might be useful.  The idea is that we need to find the way to talk … Continue reading

Posted in Access to Justice Generally, Anti-Trust, Federal Agencies, Federal Courts, International Cooperation, Judicial Supremacy, Political Support, Supreme Court, White House

The Trump Endgame Is Going To Be About the Intersection of Political and Legal Contexts, Which Together Will Work To Speed the Process

There are several reasons why the received wisdom about the speed of the Trump removal process may be completely wrong.  Not surprisingly, most of the reasons relate as much to the political as to the legal context. One:  Perhaps most … Continue reading

Posted in Dept. of Justice, History, Judicial Supremacy, White House

ICE Policy Insults Courts by Not Treating Them as “Sensitive Locations.” This Calls for Far More Forceful Response By National Access and Court Organizations.

This from the ICE FAQ page says it all: Are courthouses sensitive locations? Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. In other words, courts are not the kind of … Continue reading

Posted in Constitution, Court Management, Immigration, Judicial Supremacy, Self-Help Services, White House

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