Is the Supreme Court Facing a Legitimacy Crisis?

Warnings of the court’s declining credibility are hardly new, but after Roe’s fall, they’ve intensified and moved well beyond the bench.

#abortion, #alito-samuel-a-jr, #bork-robert-h, #breyer-stephen-g, #debatable, #kagan-elena, #rehnquist-william-h, #roe-v-wade-supreme-court-decision, #same-sex-marriage-civil-unions-and-domestic-partnerships, #sotomayor-sonia, #supreme-court-us, #thomas-clarence

Revisiting Justice Stephen Breyer’s Curious (and Strangely Timed) Defense of the Court

In a book published last year, Breyer depicted the Supreme Court as an apolitical institution that sticks to its guiding principles.

#books-and-literature, #breyer-stephen-g, #dobbs-v-jackson-womens-health-organization-supreme-court-decision, #supreme-court-us, #the-authority-of-the-court-and-the-peril-of-politics-book

No Justice Alito, Reproductive Justice Is in the Constitution

The repeal of Roe v. Wade brings a return of sexual servitude for women.

#abortion, #alito-samuel-a-jr, #breyer-stephen-g, #constitutional-amendments, #constitutions, #slavery-historical

Abortion Ruling Poses New Questions About How Far Supreme Court Will Go

The decision overruling Roe v. Wade exposed internal divisions among conservative justices about reconsidering other rights.

#abortion, #alito-samuel-a-jr, #barrett-amy-coney, #breyer-stephen-g, #fourteenth-amendment-us-constitution, #gorsuch-neil-m, #kagan-elena, #kavanaugh-brett-m, #roberts-john-g-jr, #roe-v-wade-supreme-court-decision, #same-sex-marriage-civil-unions-and-domestic-partnerships, #sotomayor-sonia, #supreme-court-us, #thomas-clarence

Supreme Court Rules Against Boston in Case on Christian Flag

The court unanimously ruled that the city, which has approved many other requests to raise flags at its City Hall, violated a Christian group’s free speech rights.

#boston-mass, #breyer-stephen-g, #camp-constitution, #decisions-and-verdicts, #first-amendment-us-constitution, #flags-emblems-and-insignia, #supreme-court-us

Supreme Court Leans Toward Coach in Case on School Prayer

Members of the court’s conservative majority indicated that the coach, Joseph A. Kennedy, had a constitutional right to kneel and pray at the 50-yard line after games.

#alito-samuel-a-jr, #appeals-courts-us, #breyer-stephen-g, #coaches-and-managers, #education-k-12, #football-college, #gorsuch-neil-m, #kavanaugh-brett-m, #kennedy-joseph-a-football-coach, #supreme-court-us

Judge Jackson Is Now a Justice in Waiting

Her status is the consequence of Justice Stephen G. Breyer’s early and conditional announcement of his retirement.

#breyer-stephen-g, #jackson-ketanji-brown-1970, #supreme-court-us, #united-states-politics-and-government

The Problem of ‘Personal Precedents’ of Supreme Court Justices

Their efforts to seem consistent can clash with respect for precedent in the usual sense. But a new article argues that personal precedents have a role to play as legal building blocks.

#barrett-amy-coney, #brennan-william-j-jr, #breyer-stephen-g, #kavanaugh-brett-m, #roberts-john-g-jr, #scalia-antonin, #supreme-court-us

The G.O.P.’s Misleading Attack on Judge Jackson

How Republicans used a specious attack to portray her as soft on child sex abuse.

#breyer-stephen-g, #child-abuse-and-neglect, #child-pornography, #computers-and-the-internet, #courts-and-the-judiciary, #federal-courts-us, #hawley-josh-d-1979, #jackson-ketanji-brown-1970, #republican-party, #sentences-criminal, #sex-crimes, #social-media, #supreme-court-us, #united-states

Jackson Vows to Be Independent on Supreme Court if Confirmed

On the first day of Judge Ketanji Brown Jackson’s confirmation hearings, Republican senators began previewing attack lines accusing her of being soft on crime.

#appointments-and-executive-changes, #breyer-stephen-g, #graham-lindsey, #hawley-josh-d-1979, #jackson-ketanji-brown-1970, #senate-committee-on-the-judiciary, #supreme-court-us, #united-states-politics-and-government

On Eve of Confirmation Hearings, G.O.P. Steps Up Attacks on Jackson

The White House and Democrats have pushed back hard against new claims that the judge was overly lenient in certain cases, calling them a smear.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #durbin-richard-j, #federal-courts-us, #hawley-josh-d-1979, #jackson-ketanji-brown-1970, #mcconnell-mitch, #republican-party, #senate, #senate-committee-on-the-judiciary, #sentences-criminal, #sex-crimes, #supreme-court-us, #united-states-politics-and-government, #united-states-sentencing-commission

Will Ketanji Brown Jackson Change the Supreme Court?

Diversity has many dimensions, perspective among them.

#appointments-and-executive-changes, #black-people, #breyer-stephen-g, #jackson-ketanji-brown-1970, #marshall-thurgood, #oconnor-sandra-day, #supreme-court-us

Ketanji Brown Jackson Chosen as Biden’s Pick for Supreme Court

If confirmed, Judge Jackson, who won support from three Republicans in the Senate when elevated to a federal appeals court last year, would become the first Black woman on the Supreme Court.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #jackson-ketanji-brown-1970, #supreme-court-us, #united-states-politics-and-government

Ketanji Brown Jackson Won’t Be Able to Change a Radical Court. Yet.

A new face on the court is welcome, but it won’t change its ideological trajectory. At least not yet.

#biden-joseph-r-jr, #breyer-stephen-g, #constitution-us, #federal-courts-us, #jackson-ketanji-brown-1970, #supreme-court-us, #thomas-clarence, #united-states-politics-and-government

Judge Ketanji Brown Jackson: A Groundbreaking Pick Unlikely to Reshape the Supreme Court

Judge Ketanji Brown Jackson’s replacement of Justice Stephen G. Breyer substitutes a liberal for a liberal and would not shift the basic dynamic of the court.

#biden-joseph-r-jr, #breyer-stephen-g, #jackson-ketanji-brown-1970, #supreme-court-us, #united-states-politics-and-government

Anita Hill Takes On Those ‘Trying to Put Black Women in a Box’

The law professor who testified during Justice Clarence Thomas’s confirmation 30 years ago reflects on what hasn’t changed about the American judiciary.

#metoo-movement, #appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #courts-and-the-judiciary, #sexual-harassment, #supreme-court-us, #united-states-politics-and-government

Biden, a Veteran of Supreme Court Fights, Ponders His Own Historic Pick

President Biden spent decades in the Senate and presided over the transformation of Supreme Court fights into hyperpartisan affairs. Now he is pushing to lower the temperature for his own nominee.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #childs-j-michelle, #durbin-richard-j, #grassley-charles-e, #jackson-ketanji-brown-1970, #klain-ronald-a, #kruger-leondra-r, #remus-dana, #senate-committee-on-the-judiciary, #supreme-court-us, #thomas-clarence, #united-states-politics-and-government

Biden Predicts His Supreme Court Nominee Will Get G.O.P. Support

The president has said that he wants the advice and consent of the Senate as he deliberates, despite the reality that his nominee may draw few votes from the other side of the aisle.

#biden-joseph-r-jr, #breyer-stephen-g, #republican-party, #senate, #supreme-court-us, #supreme-courts-state, #united-states-politics-and-government

What Leondra Kruger, a Potential Nominee, Could Bring to the Supreme Court

Known for her ‘elegant’ mind, the moderate judge, now on President Biden’s short list of potential high court nominees, could be a mediating force in Washington.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #california, #kruger-leondra-r, #solicitors-general, #supreme-court-us, #supreme-courts-state

Clyburn Pushes Childs for Supreme Court, Testing Sway With Biden

The highest-ranking Black member of Congress is credited with helping resurrect the president’s 2020 campaign at a critical point. Now he is calling in a favor.

#appointments-and-executive-changes, #biden-joseph-r-jr, #black-people, #breyer-stephen-g, #childs-j-michelle, #clyburn-james-e, #congressional-black-caucus, #presidential-election-of-2020, #south-carolina, #supreme-court-us, #united-states-politics-and-government

One Illness Reminds Democrats They Have No Votes to Spare

With a Supreme Court confirmation vote approaching, some Democrats are urging a speedier process to guard against unforeseen circumstances.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #courts-and-the-judiciary, #democratic-party, #lujan-ben-ray, #senate, #united-states-politics-and-government

Georgetown Suspends Lecturer Who Criticized Vow to Put Black Woman on Supreme Court

Ilya Shapiro has apologized after tweeting that President Biden was poised to nominate not “the objectively best pick,” but a “lesser Black woman” to the Supreme Court.

#appointments-and-executive-changes, #black-people, #breyer-stephen-g, #colleges-and-universities, #discrimination, #freedom-of-speech-and-expression, #georgetown-university, #georgetown-university-law-center, #law-schools, #politics-and-government, #race-and-ethnicity, #supreme-court-us

DeSantis and the Media: (Not) a Love Story

The Florida governor and the mainstream press have had a rocky relationship that he has often worked to his advantage.

#associated-press, #breyer-stephen-g, #desantis-ron, #florida, #fox-news-channel, #hannity-sean, #news-and-news-media, #presidential-election-of-2024, #trump-donald-j, #united-states-politics-and-government

With Breyer’s Exit, a Farewell to Marshmallow Guns and Tomato Children

Justice Stephen G. Breyer, who said last week that he planned to retire, enlivened Supreme Court arguments with questions that could confuse and amuse.

#breyer-stephen-g, #lazarus-richard-j, #supreme-court-us

For Ketanji Brown Jackson, View of Criminal Justice Was Shaped by Family

The story of an uncle’s cocaine conviction formed only part of Judge Jackson’s understanding of the system’s complexities. She is now seen as a contender to be President Biden’s Supreme Court pick.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #content-type-personal-profile, #jackson-ketanji-brown-1970, #ryan-paul-d-jr, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government

Black Women in Law Feel Pride and Frustration Ahead of Court Nominee

As Biden prepares to nominate the first Black woman to the nation’s highest court, members of this small, elite group are watching with complicated emotions.

#biden-joseph-r-jr, #black-people, #breyer-stephen-g, #courts-and-the-judiciary, #law-schools, #legal-profession, #race-and-ethnicity, #supreme-court-us, #united-states

Bitterness From Supreme Court Fights Hangs Over Coming Nomination

The battles of the recent past will no doubt extend into the coming fight over President Biden’s choice to replace Justice Stephen G. Breyer.

#appointments-and-executive-changes, #breyer-stephen-g, #courts-and-the-judiciary, #senate, #supreme-court-us, #united-states-politics-and-government

As Breyer Pondered Retirement, Biden Bet on a Hands-Off Strategy

The president believed pressuring the court’s oldest justice to retire might backfire. A chorus of liberals took a different approach.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #democratic-party, #supreme-court-us, #united-states-politics-and-government

McConnell Warns Against ‘Radical’ Supreme Court Pick

Lawmakers from both parties and interest groups swung into gear to influence President Biden’s choice for the first Black woman to serve on the nation’s highest court.

#appointments-and-executive-changes, #biden-joseph-r-jr, #black-people, #breyer-stephen-g, #childs-j-michelle, #clyburn-james-e, #jackson-ketanji-brown-1970, #kruger-leondra-r, #senate-committee-on-the-judiciary, #supreme-court-us, #united-states-politics-and-government

The Willful Naïveté of Stephen Breyer

He insisted that politics do not shape the decisions of justices — an idyllic, even naïve, notion, but one that kept the court functioning for years.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #content-type-personal-profile, #supreme-court-us, #united-states-politics-and-government

New Justice Is Unlikely to Thwart Supreme Court’s Rightward Lurch

The replacement of Justice Stephen G. Breyer with another liberal is unlikely to alter the basic dynamic at the court or to slow its accelerating conservative ambitions.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #supreme-court-us, #united-states-politics-and-government

Biden to Name Breyer’s Supreme Court Successor Soon

Speaking with Justice Stephen Breyer by his side from the Roosevelt Room, Mr. Biden hailed his three decades on the federal bench, including almost 28 years on the Supreme Court.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #childs-j-michelle, #jackson-ketanji-brown-1970, #kruger-leondra-r, #supreme-court-us, #united-states-politics-and-government

Biden’s Chance to Nominate a Supreme Court Justice

Readers hope for a smooth confirmation process, object to “identity politics” and suggest Anita Hill as a nominee. Also: Voting rights; Covid ethics.

#appointments-and-executive-changes, #biden-joseph-r-jr, #black-people, #breyer-stephen-g, #coronavirus-2019-ncov, #hill-anita, #jackson-ketanji-brown-1970, #kruger-leondra-r, #supreme-court-us, #united-states-politics-and-government, #voting-rights-registration-and-requirements

Biden Gets a Supreme Court Pick

Why Justice Stephen Breyer is retiring now, and how President Biden is likely to go about choosing his successor.

#biden-joseph-r-jr, #breyer-stephen-g, #supreme-court-us, #united-states-politics-and-government

After Breyer

The latest on the coming Supreme Court nomination.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #ginsburg-ruth-bader, #internal-storyline-no, #supreme-court-us

Breyer’s Retirement Gives Democrats a Dose of (Cautious) Optimism

After a series of legislative losses, the chance for President Biden to fulfill a promise by nominating a Black woman was seen by progressives as a chance to show he could still bring about change.

#appointments-and-executive-changes, #biden-joseph-r-jr, #black-people, #breyer-stephen-g, #supreme-court-us, #united-states-politics-and-government

Biden Expected to Nominate a Black Woman to the Supreme Court

The president’s promise highlights a group that has struggled to become part of the very small pool of elite judges in the nation’s higher federal courts.

#appeals-courts-us, #appointments-and-executive-changes, #biden-joseph-r-jr, #black-people, #breyer-stephen-g, #childs-j-michelle, #federal-courts-us, #jackson-ketanji-brown-1970, #kruger-leondra-r, #race-and-ethnicity, #supreme-court-us, #united-states-politics-and-government, #women-and-girls

Democrats Plan to Move Quickly on Justice Breyer’s Successor

Given their tenuous majority, Democrats intend to act fast, anticipating roadblocks from Senator Mitch McConnell and Republicans.

#biden-joseph-r-jr, #breyer-stephen-g, #democratic-party, #mcconnell-mitch, #republican-party, #schumer-charles-e, #senate, #senate-committee-on-the-judiciary, #supreme-court-us, #united-states-politics-and-government

Stephen Breyer to Retire From Supreme Court

The decision gives President Biden a window to fulfill a campaign pledge to nominate a Black woman to the court.

#appointments-and-executive-changes, #biden-joseph-r-jr, #breyer-stephen-g, #democratic-party, #republican-party, #senate, #supreme-court-us, #united-states-politics-and-government

Justice Breyer’s Legacy: A Liberal Who Rejected Labels Like ‘Liberal’

His voting over the years was generally similar to that of other Democratic appointees, if perhaps a little more conservative.

#breyer-stephen-g, #supreme-court-us, #united-states-politics-and-government

Democrats Can Seat a New Supreme Court Justice, Even if Republicans Unite in Opposition

Recent changes in Senate rules mean a nominee can be confirmed with a bare majority, but Democrats will have to hold their narrow ranks together.

#biden-joseph-r-jr, #breyer-stephen-g, #democratic-party, #durbin-richard-j, #federal-courts-us, #republican-party, #senate, #senate-committee-on-the-judiciary, #supreme-court-us

Do We Have the Supreme Court We Deserve?

It has become a willing participant in a war for the soul of the country.

#abortion, #alito-samuel-a-jr, #arizona, #barrett-amy-coney, #breyer-stephen-g, #conservatism-us-politics, #gorsuch-neil-m, #kavanaugh-brett-m, #kennedy-anthony-m, #maine, #mississippi, #oconnor-sandra-day, #private-and-sectarian-schools, #reagan-ronald-wilson, #republican-party, #roberts-john-g-jr, #senate, #souter-david-h, #stevens-john-paul, #supreme-court-us, #texas, #thomas-clarence, #trump-donald-j, #voting-rights-act-1965

The Supreme Court Wrestles With Abortion

Charles Blow, Ross Douthat, Lulu Garcia-Navarro and Michelle Goldberg agree on one thing after oral arguments: It’s not looking good for Roe.   

#abortion, #black-people, #breyer-stephen-g, #conservatism-us-politics, #democratic-party, #kagan-elena, #kavanaugh-brett-m, #law-and-legislation, #mississippi, #pregnancy-and-childbirth, #republican-party, #roberts-john-g-jr, #roe-v-wade-supreme-court-decision, #sotomayor-sonia, #supreme-court-us, #united-states

The Supreme Court Has Gone Off the Rails

Justices who once derided judicial “meddling” are now meddlers themselves.

#barrett-amy-coney, #breyer-stephen-g, #constitution-us, #first-amendment-us-constitution, #gorsuch-neil-m, #gun-control, #kagan-elena, #kavanaugh-brett-m, #law-and-legislation, #reagan-ronald-wilson, #regulation-and-deregulation-of-industry, #roberts-john-g-jr, #scalia-antonin, #supreme-court-us, #voting-rights-act-1965

Back on the Bench, the Supreme Court Faces a Blockbuster Term

The court, which is dominated by six Republican appointees, will confront a charged docket, including a case asking it to overrule Roe v. Wade.

#abortion, #barrett-amy-coney, #breyer-stephen-g, #gorsuch-neil-m, #gun-control, #kavanaugh-brett-m, #roberts-john-g-jr, #roe-v-wade-supreme-court-decision, #supreme-court-us, #thomas-clarence, #united-states-politics-and-government

What Sandra Day O’Connor Stood For on the Supreme Court

Forty years after her appointment as the court’s first female justice, it’s worth reflecting on the path she took.

#abortion, #admissions-standards, #affirmative-action, #alito-samuel-a-jr, #american-civil-liberties-union, #appointments-and-executive-changes, #arizona, #breyer-stephen-g, #constitution-us, #discrimination, #federal-state-relations-us, #ginsburg-ruth-bader, #homosexuality-and-bisexuality, #marshall-thurgood, #mccain-john, #oconnor-sandra-day, #obama-barack, #phoenix-ariz, #planned-parenthood-federation-of-america, #pregnancy-and-childbirth, #reagan-ronald-wilson, #rehnquist-william-h, #religion-state-relations, #roe-v-wade-supreme-court-decision, #texas, #united-states-politics-and-government

The Conservative Lawyer Behind the Texas Abortion Law

Jonathan Mitchell has never had a high profile in the anti-abortion movement, but he developed and promoted the legal approach that has flummoxed the courts and enraged abortion rights supporters.

#abbott-gregory-w-1957, #abortion, #breyer-stephen-g, #hughes-bryan-1969, #law-and-legislation, #mitchell-jonathan-f, #politics-and-government, #roe-v-wade-supreme-court-decision, #scalia-antonin, #state-legislatures, #supreme-court-us, #texas, #trump-donald-j

Justice Breyer on Retirement and the Role of Politics at the Supreme Court

In an interview prompted by his new book, the 83-year-old leader of the court’s liberal wing said he is working on a decision about when to step down.

#appointments-and-executive-changes, #books-and-literature, #breyer-stephen-g, #elections-courts-and-the-judiciary, #retirement, #supreme-court-us, #united-states-politics-and-government

Supreme Court Term Marked by Conservative Majority in Flux

The chief justice’s power waned, and the three Trump justices grew more influential. The term ended with an exclamation point, with the court imposing new limits on the Voting Rights Act.

#alito-samuel-a-jr, #breyer-stephen-g, #civil-rights-and-liberties, #conservatism-us-politics, #ginsburg-ruth-bader, #gorsuch-neil-m, #kavanaugh-brett-m, #kennedy-anthony-m, #roberts-john-g-jr, #sotomayor-sonia, #supreme-court-us, #thomas-clarence, #united-states-politics-and-government

The Supreme Court’s Newest Justices Produce Some Unexpected Results

In the term so far, including two major decisions on Thursday, the court’s expanded conservative majority is fractured and its liberals are often on the winning side.

#alito-samuel-a-jr, #barrett-amy-coney, #breyer-stephen-g, #gorsuch-neil-m, #kagan-elena, #kavanaugh-brett-m, #roberts-john-g-jr, #sotomayor-sonia, #suits-and-litigation-civil, #supreme-court-us, #thomas-clarence, #trump-donald-j, #united-states-politics-and-government