Judicial Governance

Publications

Potential Pitfalls of the CASE Act
Anthony Marcum

The road to bad policy is often paved with good intentions.

On Thursday, the Senate Judiciary Committee will consider the Copyright Alternative in Small-Claims Enforcement Act of 2019, otherwise…

Maybe the partisans are wrong. Maybe Chief Justice Roberts knows what he’s doing.
Anthony Marcum

The Supreme Court has a penchant for drama. Much like many past terms, the Court entered its final week of this term with several high-profile decisions left undecided. Past terms tackled issues such…

R Street Heads Up Coalition Letter to 2020 Presidential Hopefuls on Court Packing
Aubrey Neal

June 3, 2019

Candidate for President of the United States:

We the undersigned write to congratulate you on your
candidacy for president of the United States. Our nation’s current…

, USA Today
Policy is not the courts’ job
Anthony Marcum

If there were a vacancy in the Supreme Court before the 2020 election, should the Senate fill it?

Senate Majority Leader Mitch McConnell says yes. Democrats say such a decision is hypocritical,…

So what if you lose?
Anthony Marcum

This month, Alabama passed the strictest abortion law in
the country, which offers
few exceptions for the procedure and possible prison sentences for doctors who
perform them. Also this month,…

Over 70 percent of young adults believe the Supreme Court is motivated by politics, not law
Aubrey Neal

AIN Update

A recent poll conducted by Quinnipiac University found that 71 percent
of young Americans, ages 18 to 34, believe that the Supreme Court is
“mainly motivated by politics.”…

, Overlawyered
Supreme Court roundup
Shoshana Weissmann & Anthony Marcum

From Overlawyered:

New resource: database of all Supreme Court nomination hearing transcripts that are yet available (with Kavanaugh’s still to come) [Shoshana Weissmann and Anthony Marcum, R…

Congress and the Judiciary: The top 3 takeaways from a discussion on what the House and Senate can do to fix the courts
Aubrey Neal

On May 14 the Legislative
Branch Capacity Working Group and the American Institutions Network launched a panel discussion to answer the
question: What can the House and Senate do to fix the courts?…

Brown v. Board of Education Was Rightly Decided 65 Years Ago. Why Do Trump’s Nominees Refuse to Admit It?
Shoshana Weissmann & Anthony Marcum

From American Constitution Society:

For the last half century, Brown has been universally praised by nominees to the federal bench, irrespective of the president who nominated…

, The Hill
Dems criticizing Michael Bennet on his judicial voting record are wrong
Anthony Marcum

Senator Michael Bennet of Colorado is the latest candidate to enter the crowded Democratic presidential primary race. Yet he is already facing heavy criticism for his Senate record, not on…