By Kurt Walters* In today’s crowded Democratic primary season, one issue has emerged that would have been unthinkable as recently as 2016: increasing the number of justices on the U.S. Supreme Court. At least five Democratic candidates have expressed openness to expanding the Court: Senators Elizabeth Warren, Kirsten Gillibrand, and Kamala Harris as well as former … [Read more...] about The Supreme Court Has Been Expanded Many Times Before. Here Are Four Ways To Do It Today.
By Tejinder Singh* It is difficult to overstate the effect this election is likely to have on the composition of the Supreme Court. Prior to election day, the Democrats were favorites to win the White House and the Senate. Had they done so, the likely result would have been a five-Justice mostly-liberal majority that would have lasted for decades. The current vacancy likely … [Read more...] about The Future of the Supreme Court
By Andrew Hanson* After refusing to hold hearings on the appointment of Merrick Garland, President Obama’s nominee to fill a Supreme Court vacancy—because “the people” should be able to decide who nominates the next Justice—Republicans recently suggested that they would continue to leave the Court with a vacancy if the people’s decision was Hillary Clinton. Now that Trump … [Read more...] about Inferred Consent: Merrick Garland Should Be Allowed To Sit On The Court
To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Senator Sheldon Whitehouse's Conservative Judicial Activism: The Politicization of the Supreme Court Under Chief Justice Roberts. Senator Whitehouse (D-RI) writes: A troubling and unmistakable trend has developed over several … [Read more...] about Conservative Judicial Activism: The Politicization of the Supreme Court Under Chief Justice Roberts
By Amy Fettig Even as transwomen like Laverne Cox and Janet Mock grace the cover of Time magazine or facilitate dialogue on MSNBC, the reality is that trans people, and transwomen in particular, still can’t get justice in our federal courts. But now there’s a chance that too could change. Last week a petition for writ of certiorari was quietly filed with the U.S. Supreme … [Read more...] about Trans-Injustice: Prejudice & Fear Dominate First Circuit Opinion
By Michael C. Dorf Since the Supreme Court’s 2013 decision in United States v. Windsor, invalidating Section 3 of the Defense of Marriage Act, a clear majority of lower courts to hear challenges to state laws forbidding same-sex marriage have found for the plaintiffs. Some state executive officials—like those in New Jersey and Pennsylvania—graciously accepted defeat and did … [Read more...] about Equality and Liberty in the Same-Sex Marriage Case