The Supreme Court continues its hearings on Tuesday with two cases that grew out of legal mistakes, requiring the Justices to consider how to remedy those missteps. One involves an error by a federal agency on veterans’ benefits, the other by a federal court in a criminal case. Correction of legal errors, although generally desirable,… Read More
Two tests of the Constitution
The Supreme Court returns to the bench tomorrow, to begin the final round of hearings in its current term. Both cases on Monday have deep historic roots – the first in an 1819 ruling by the Court on state-federal relations, the second in the original Constitution and its clause dealing with the plight of people… Read More
Now, it’s Justice-designate Jackson
At mid-afternoon Thursday, Ketanji Brown Jackson, a 51-year-old federal circuit judge, became “Justice-designate” Jackson when the Senate voted 53-47 to confirm her for the seat. She will actually become a Justice, however, only this summer, perhaps in early July, because there will be no vacant seat for her to fill until then. She was chosen… Read More
“War crimes” — What are they?
Daniel Thurer, a Swiss jurist and scholar of international law at the University of Zurich, wrote in a 2011 book: “Wars have always been fought in accordance with certain norms. It is one of the astonishing facts of history that, to a great extent, wars were not chaotic affairs – despite outward appearances to the… Read More
California versus the Supreme Court?
On Wednesday, for the fourth time in two weeks, the Supreme Court again explores the dispute-settling mechanism of arbitration. In any group of cases about that, it is likely that California will be involved in at least one of them. The state has a history of acting on its firm belief that, if there is… Read More
What does the Eleventh Amendment mean?
The Supreme Court turns on Tuesday to the meaning of a constitutional amendment added 227 years ago, the Eleventh Amendment. Ratified in 1795, it was the first change in the Constitution after the Bill of Rights, and marked the first time that a Supreme Court decision was overturned by a constitutional amendment. It comes up… Read More
The Court, words and meanings
The Supreme Court continues its current round of hearings on Monday with a pair of cases on down-to-earth issues of how law affects workers who toil at blue-collar jobs. Both cases turn on seemingly mundane questions of law: is a railroad train being used when a worker is injured on it while it is temporarily… Read More
The Court, law and lawyers’ zeal
On Wednesday, the Supreme Court returns to the never-ending project – of judges, legislators, lawyers and legal scholars – to make lawsuits less expensive, fairer and, candidly, less subject to manipulation by crafty lawyers. This case, the only one set for hearing tomorrow, projects that endeavor onto the international stage, involving both U.S. federal courts… Read More
Supreme Court: A focus on family feuds
The one case on the Supreme Court’s hearing calendar for Tuesday involves the meaning of a four-decades-old international treaty that seeks to sort out in which country a child will live, when the parents feud over that issue. That treaty has grown more important as globalization has led to more marriages of spouses from different… Read More
Supreme Court: Back to basics
The Supreme Court opens its next round of hearings tomorrow by examining anew two basic legal questions: how does a court decide if a legal right has been forfeited, and who speaks for a state government when its laws are challenged in federal courts? The first grows out of workers’ claim that they were cheated… Read More