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Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collings Jr.
Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collings Jr.
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Supreme Court nominees testifying before the Senate Judiciary Committee frequently invoke the so-called “Ginsburg Rule” to justify not answering questions posed to them. According to this “rule,” nominees during their testimony must avoid signaling their preferences about previously decided Supreme Court cases or constitutional issues. Using empirical data on every question asked and answered at every hearing from 1939–2017, we explore this “rule,” and its attribution to Justice Ruth Bader Ginsburg. We demonstrate three things. First, the Ginsburg Rule is poorly named, given that the practice of claiming a privilege to not respond to certain types of questions predates the …
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
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No abstract provided.
Loud And Soft Anti-Chevron Decisions, Michael Kagan
Loud And Soft Anti-Chevron Decisions, Michael Kagan
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This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …
Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher
Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher
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No abstract provided.