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- United States Supreme Court (4)
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- Same-Sex Marriage (1)
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Articles 1 - 6 of 6
Full-Text Articles in Law
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Tara L. Grove
Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …
Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove
Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove
Tara L. Grove
No abstract provided.
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
Tara L. Grove
Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an important function of the Clause. Congress has repeatedly used its broad “exceptions power” to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on insights from social science, this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
The Structural Case For Vertical Maximalism, Tara Leigh Grove
The Structural Case For Vertical Maximalism, Tara Leigh Grove
Tara L. Grove
Many prominent jurists and scholars, including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein, have recently advocated a “minimalist” approach to opinion writing at the Supreme Court. They assert that the Court should issue narrow, fact-bound decisions that do not resolve much beyond the case before it. I argue that minimalism, as employed by the current Supreme Court, is in tension with the structure of the Constitution. Article III and the Supremacy Clause, along with historical evidence from the Founding Era, suggest that the Constitution creates a hierarchical judiciary and gives the Court a “supreme” …
Supreme Court Preview 2014-2015: Moot Court, Neal Devins, Michael Scodro, Andrew Pincus, Joan Biskupic, Garrett Epps, Irving Gornstein, Tara Leigh Grove, Allison Orr Larsen, Dahlia Lithwick, Erin E. Murphy, David Savage, Richard Wolf
Supreme Court Preview 2014-2015: Moot Court, Neal Devins, Michael Scodro, Andrew Pincus, Joan Biskupic, Garrett Epps, Irving Gornstein, Tara Leigh Grove, Allison Orr Larsen, Dahlia Lithwick, Erin E. Murphy, David Savage, Richard Wolf
Tara L. Grove
No abstract provided.
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Tara L. Grove
No abstract provided.