Supreme Court of the United States Commons^™

What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl

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No abstract provided.

Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin

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No abstract provided.

Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin

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No abstract provided.

The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin

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No abstract provided.

The Next Fight Over Guns In America, Timothy Zick, Diana Palmer

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With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.

Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin

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No abstract provided.

Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin

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No abstract provided.

Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin

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The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.

Senators Treat Female Supreme Court Nominees Differently. Here’S The Evidence., Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.

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Over the weekend, President Trump nominated Judge Amy Coney Barrett to fill the Supreme Court seat left empty by Justice Ruth Bader Ginsburg’s death. Senate Majority Leader Mitch McConnell (R-Ky.) has promised to move the nomination swiftly through to confirmation. As a result, the nation’s attention will soon turn to Barrett’s confirmation hearings in the Senate Judiciary Committee. Based on our empirical examinations of every question asked and every answer given at the hearings since the first in 1939, here is what to expect.

As She Lies In State, A Tribute To Justice Ginsburg, Katherine Mims Crocker

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United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann

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Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer

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Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer

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First, We'll Neuter All The Judges, A. Benjamin Spencer

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Interruptions At Supreme Court Confirmation Hearings Have Been Rising Since The 1980s, Paul M. Collins Jr., Lori A. Ringhand

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As scholars of the confirmation process, we aim to measure what is measurable, in the hope that data can inform our more subjective perceptions of politics. And one measurable feature of Kavanaugh’s testimony is the striking number of times he interrupted the senators to challenge their comments or force his own point. Here, the historical record can shed some light. This article reviews the history of interruptions during Supreme Court confirmation hearings from 1939 to 2010.

Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker

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How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?

To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved administrative law.

Judge Kavanaugh And Freedom Of Expression, Timothy Zick

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No abstract provided.

The Federalist Society Majority, Lawrence Baum, Neal Devins

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Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, Nancy Amoury Combs

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The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr.

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An op-ed by Lori Ringhand and Paul M. Collins Jr. on Supreme Court nominees' unwillingness to provide answers on cases under the wrongly named "Ginsburg Rule." Nominees since the 1930s have balanced the competing needs of the Senate and the Judiciary by claiming a privilege to not opine on currently contested cases while freely offering their opinion about cases that used to be controversial but are no longer.

John Marshall, The Great Chief Justice, William & Mary Law School

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John Marshall, the nation's fourth chief justice, was among the first to study law at W&M.

Why Not Limit Neil Gorsuch — And All Supreme Court Justices — To 18-Year Terms?, Lori A. Ringhand, Paul M. Collins Jr.

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Legal scholars and political scientists increasingly question whether life tenure remains a good idea for Supreme Court justices. While scholars disagree about the exact numbers, our Supreme Court justices are serving longer and longer terms; presidents have incentives to choose younger and younger nominees; and the justices themselves appear to delay retirement in the hope of having an ideologically compatible president select their replacements. Moreover, the confirmation process has become increasingly contentious, culminating last year in Senate Republicans refusing to even grant a hearing to President Barack Obama’s nominee, Merrick Garland.

As a result, many scholars propose a shift to …

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

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No abstract provided.

Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins

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Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin

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The Top Five Supreme Court Nomination Myths, Paul M. Collins Jr., Lori A. Ringhand

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What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins

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This article in The Conversation on March 21, 2016 and moves beyond the conventional wisdom espoused by Biden, Kagan and others, and presents a strong case for an alternative view of the hearings. Examining every statement made at confirmation hearings from 1939 to 2010, we conclude the hearings are important to the health of American democracy. Based on this, we’d like to see partisan politics pushed aside and Judge Merrick Garland to get a hearing.

How Merrick Garland Could Help Heal America, Jeffrey Bellin

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No abstract provided.

Ideological Imbalance: Why Democrats Usually Pick Moderate-Liberal Justices And Republicans Usually Pick Conservative Ones, Lawrence Baum, Neal Devins

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No abstract provided.

Legal Scholarship Spotlight: The Evolution Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins

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This article appearing at the SCOTUSblog on March 25, 2016, discusses the role of the Senate Judiciary Committee plays in the nomination of Supreme Court Justices.