Director of the Judiciary Program at the Brennan Center for Justice and the Kohlberg Center on the U.S. Supreme Court. Editor-in-chief of State Court Report. All opinions are my own.
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You can read more commentary and analysis on Supreme Court reform and how the Court is functioning as an institution at the Benchmark, a project of the Brennan Center's Kohlberg Center on the Supreme Court. www.brennancenter.org/benchmark
After five decades at the Bronx Zoo, Happy, the elephant, has died. She was at the center of a landmark case that held that habeas corpus, the legal tool used to challenge unlawful confinement, does not apply to animals.
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Supreme Court term limits are consistent with judicial independence. Check out this thoughtful piece by @cato.org's @thomasberry.bsky.social in the Benchmark, a project of the Brennan Center's Kohlberg Center on the Supreme Court. www.brennancenter.org/our-work/ana...
State courts are hearing a bunch of interesting oral arguments this month, covering everything from firearm laws, to cities' power to regulate tobacco, to the rights of transgender prisoners. Check out this round-up by @skess108.bsky.social. statecourtreport.org/our-work/ana...
Yesterday a Florida trial court refused to block the state’s new congressional map, despite a state constitutional provision barring partisan gerrymandering. Read @erings.bsky.social’s analysis of the ruling — and how a series of SCOTUS rulings got us here.
statecourtreport.org/our-work/ana...
We don't pay enough attention to state supreme courts' supervisory powers over how courts operate. I'm excited to have this explainer by @adamsopko.bsky.social, which shows how these powers have been used to expand due process, enhance tenant protections & more. statecourtreport.org/our-work/ana...
The framework that Michael articulates here has changed the way that I look at state court decisions and will be seen, I think, as one of the most important contributions to state constitutional scholarship.
This is a really nice piece, as is the underlying law review article. I highly recommend it. I agree that state constitutions can play an important role in protecting the public interest from private capture. There remain hard questions about the role of the courts here, even at the state level.
Jesse Wegman spotlights two recent cases to show how the Supreme Court likes expanding executive power in the service of deregulation, but not when it might injure corporate America. bit.ly/4fcjO0w
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Analysis and opinion on Supreme Court rulings and reform.
We’ve learned that federal law enforcement raided offices of the Ohio Organizing Collaborative, as well as homes of employees, board members, and activists. This appears to be an outrageous fishing expedition, an attempt to intimidate people working for democracy in our communities and country. 1/3
Predictable turnover on the high court would improve its stability and accountability, and the justices would still be safe from political retaliation.
