Category Archives: Supreme Court

Judiciary Committee Democrats Should Call the Republican “Assistant” as an Expert Witness on Sex Assault Reporting and Veracity

We all remember the scene from Inherit the Wind.  Spencer Tracey, playing Clarence Darrow, is cut off from calling almost all his experts, so he turns round and calls the prosecuting William Jennings Brown-based character, who then makes a fool … Continue reading

Posted in Access to Justice Generally, Discrimination, Political Issues and Justice, Supreme Court, White House | 1 Comment

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

Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere

In a brilliant piece in Politico today, Professor Richard Primus argues that the Baking for Gay Marriage Opinion, by rejecting broad First Amendment protections for discrimination, sets up the travel ban case for a similarly positive outcome, not only because … Continue reading

Posted in Access to Justice Generally, Discrimination, Federal Courts, Freedom of Expression, Immigration, Political Support, Supreme Court

Maybe Gorsuch Has Some Possibilities

There is certainly evidence in support of the dominant meme of Gorsuch’s extreme conservatism.  However, there may be one nugget of good news in the access to justice area. In a VA disability case, in which the Court denied cert., … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Administative Proecdure, Court Management, Federal Agencies, Federal Courts, Rules Reform, Simplification, Supreme Court, Systematic Change, Veterans | 2 Comments

A Contrarian View on Libel Law — Dealing with The Situation in Which The Courts Should Be Available to Establish The Truth, and Cheaply, While Making Sure that Libel Law Remains a Tool That Can Be Used By Truth Seekers To Counter Merchants of Hate

So the great and the good (and me, this time) get all upset when Trump talks about loosening libel law.  It not only fits with his ignorant aggrieved victim persona, but can be very effective at intimidating critics. But maybe … Continue reading

Posted in Constitution, Libel Law, Supreme Court, White House

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

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

The CIA Finding on Russian Election Interference Suggests a New Needed Role For Roberts to Chair a “Warren Commission” Type Inquiry

While there is a long history of countries (including ours) finding ways to mess with their opponent’s political system, this is sui generis, and leads to a thousand thoughts on where this takes us and leaves us. The Threat of Illegitimacy and … Continue reading

Posted in Supreme Court

On Waking Up From a Nightmare that was About Trying to E-File in the Supreme Court– Maybe We Can Use the Idea!

I just woke up this morning in a panic from a nightmare that would be funny if it were not so scary. There I am in the dream trying to e-file a pleading with the Supreme Court.  Naturally it is … Continue reading

Posted in Document Assembly, E-filing, Supreme Court

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

Supreme Court Nominee Garland’s Perhaps Unprecedented Speech Today Highlights Access to Justice

The normal rule is that Supreme Court nominees do not give speeches or interviews to the media.  But, then, the normal rule is also that the Senate does not block a highly respected and previously easily confirmed nominee a few … Continue reading

Posted in Access to Justice Generally, Pro Bono, Supreme Court, White House | 2 Comments

UK Supreme Court Might Be Able to Teach US Court a Lesson on Urgency of Protecting Legal Aid

Tomorrow, Tuesday the 19th, LSC and its friends will enjoy an invitation-only reception at the US Supreme Court following the LSC day at the White House, and to be addressed by Justice Kennedy, among others.  It is obviously a very … Continue reading

Posted in Access to Counsel, Discrimination, Immigration, International Models, Legal Aid, LSC, Supreme Court, White House

Jim Sandman’s Comment on the Nomination of Judge Garland and Access to Justice

Many of us have been wondering about the potential implications of the nomination of Judge Garland for access to justice. Well, here is one very important clue, a comment by LSC President Jim Sandman.  Jim is, of course, a former … Continue reading

Posted in Access to Justice Generally, Federal Courts, Supreme Court, White House

A Different Take on The Supreme Court Vacancy — A Bipartisan Access to Justice Opportunity

The apparently inevitable partisan political wresting on the open Supreme Court seat has already started.  But maybe there’s a different way of thinking about this.  Although, after McConnel threw down the gauntlet about letting the people decide, I am not … Continue reading

Posted in Access to Justice Generally, Supreme Court, White House | 3 Comments

Add Access to Justice As A Criteria for “Just Companies” An Idea Urged By Paul Tudor Jones II, hedge-fund billionaire

Under the wonderful headline, A Plan to Rank ‘Just’ Companies Aims to Close the Wealth Gap, Alexandra Stanley has a great article in today’s New York Times. Like all the best ideas, this one is simple: Paul Tudor Jones II, … Continue reading

Posted in Access to Justice Generally, Consumer Rights, Federal Courts, Rules Reform, Supreme Court, Systematic Change | 1 Comment