For some time, the Supreme Court and Congress have jointly viewed the federal court system as a special, nearly exclusive forum for resolving disputes. Congress has permitted federal courts to hear only those cases that directly invoke a federal law, or in which the parties are citizens of entirely different states. And the Supreme Court… Continue reading Is the Supreme Court Rethinking the Federal Courts’ Mission?
Reality is a complicated thing, but don’t tell that to the politicians and pundits on Twitter. Consider statements made within hours of the alleged attack on actor Jussie Smollett on January 29. U.S. Senators Cory Booker and Kamala Harris both characterized the incident as “an attempted modern-day lynching,” and several Hollywood actors quickly blamed the… Continue reading Reckless Tweeters Could Learn From Jury Duty
There has been much press in the past week over U.S. Representative Tulsi Gabbard's op-ed in The Hill, which criticized fellow Democrats for having "weaponized religion for their own selfish gain." Gabbard called out members of the Senate Judiciary Committee for specific questions and statements they had directed to Catholic judicial nominees over the past… Continue reading Why the Gabbard-Hirono feud matters for the federal courts
In one of the more substantive moments of this month’s Supreme Court Confirmation Theater, Judge Brett Kavanaugh was asked whether he would support broadcasting video of the Supreme Court’s oral arguments. Kavanaugh demurred, saying only that he would keep “an open mind” on the issue. Given that most members of the Supreme Court have come… Continue reading Decoding Judge Kavanaugh’s “Open Mind” on Supreme Court Cameras