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- Keyword
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- 2020 election (1)
- Constitutional law; unitary executive; separation of powers; U.S. Supreme Court (1)
- Districting (1)
- Early Voting (1)
- ISL Doctrine (1)
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- ISL Theory (1)
- ISLT (1)
- Independent State Legislature Doctrine (1)
- Independent State Legislature Theory (1)
- Moore v. Harper (1)
- Redistricting (1)
- Right to vote (1)
- Rucho v. Common Cause (1)
- Supreme Court; Justice Ruth Bader Ginsburg; The Robert L. Levine Distinguished Lecture (1)
- Supreme court; circuit courts; statutory interpretation; textualism; legislative history (1)
Articles 1 - 6 of 6
Full-Text Articles in Supreme Court of the United States
The Collateral Fallout From The Quest For A Unitary Executive, Harold J. Krent
The Collateral Fallout From The Quest For A Unitary Executive, Harold J. Krent
Fordham Law Review
To bolster a strong “Unitary Executive,” the Roberts Court has held that Congress can neither shield a single head of an administrative agency nor an inferior officer in an independent agency from removal at will. With respect to appointments, the Roberts Court has held that adjudicative officers in many executive agencies must now be appointed either by the President or a superior officer under the President’s supervision. As a result, dissenting Justices and academics have accused the Roberts Court of expanding Article II beyond both the constitutional text—which seemingly grants Congress the discretion to structure administrative agencies as it deems …
A Constitutional Right To Early Voting, David Schultz
A Constitutional Right To Early Voting, David Schultz
Fordham Law Voting Rights and Democracy Forum
Voting is a cost-benefit decision. Individuals are more likely to vote if the benefits of doing so outweigh the disadvantages. With early voting laws eased due to the COVID-19 pandemic, the 2020 election demonstrated that turnout increases when elected officials reduce voting costs. Despite all the benefits of early voting, there is no constitutional right, and it remains a privilege that state legislatures can revoke at will.
Since the 2020 election, state legislatures have proposed—and enacted—hundreds of bills to change voting rules. But with the intense partisan disagreement over voting, coupled with political polarization reaching an apex, these acts restricting …
Moore V. Harper And The Consequential Effects Of The Independent State Legislature Theory, Chase Cooper
Moore V. Harper And The Consequential Effects Of The Independent State Legislature Theory, Chase Cooper
Fordham Law Voting Rights and Democracy Forum
In December 2022, the United States Supreme Court heard oral arguments in Moore v. Harper. The case addresses whether the North Carolina Supreme Court possesses the authority to strike down a redistricting map drawn by the state legislature. Petitioners contend that the state legislature has no such authority under the United States Constitution, citing a novel interpretation of the Elections Clause known as the “independent state legislature” (“ISL”) theory. The ISL theory is not a unified theory, but rather a constellation of related doctrinal positions that revolve around a core precept: ordinary governing principles by which state courts review …
Rucho In The States: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather
Rucho In The States: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Two Roads Diverged: Statutory Interpretation By The Circuit Courts And Supreme Court In The Same Cases, Lawrence Baum, James J. Brudney
Two Roads Diverged: Statutory Interpretation By The Circuit Courts And Supreme Court In The Same Cases, Lawrence Baum, James J. Brudney
Fordham Law Review
Scholars and judges have long disagreed on whether courts of appeals construing statutes ought to adapt their use of interpretive resources to Supreme Court approaches. If circuit courts and the Supreme Court approach statutory issues in similar ways, this can perhaps provide a measure of predictability for litigants and the public while conserving judicial resources; it may also enhance perceptions of fairness in the judicial system. Such normative arguments invite—even demand—a fuller understanding of the underlying descriptive reality: whether anything approaching uniformity or consistency actually exists. This Article aims to provide that understanding. It does so through an in- depth …
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
The Robert L. Levine Distinguished Lecture: A Conversation With Justice Ruth Bader Ginsburg And Professor Aaron Saiger, Ruth Bader Ginsburg, Aaron Saiger
Fordham Law Review
PROFESSOR AARON SAIGER: It’s a signal honor for Fordham Law School and a personal honor for me and a pleasure to have Justice Ginsburg here tonight. We want to thank you for coming. I think I will not reiterate all of the thanks Dean Diller has offered, except to say that we are very grateful to the Levine family and deeply indebted to the students of the Law Review who have made tonight happen. The format of the evening is as follows: I will ask questions and the Justice will answer them.