CRS Legal Sidebar Supreme Court Narrows Federal Jurisdiction Under Clean Water Act June 21, 2023 – On May 25, 2023, the Supreme Court decided Sackett v. EPA, a case with significant implications for the scope of federal jurisdiction under the Clean Water Act (CWA). While the Court unanimously agreed that the lower court applied the wrong… Continue Reading
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Category Archives: Courts
An Aggressive Supreme Court Reshapes the US as Its Standing Erodes
Bloomberg – free link: “A conservative supermajority is remaking US laws on the environment, health and firearms, even as public confidence declines and ethical questions grow. The Supreme Court, in the midst of a run of decisions that have stress-tested the core principles of US democracy, has rarely been so aggressive in using its powers —… Continue Reading
Chamber of Secrets
Washington Monthly: “…The Supreme Court’s habit of deciding hugely important cases without briefings, arguments, or even a word of explanation threatens democracy. Some progressive legal scholars have coined the term demosprudence to underline that the opinion announcements are the only time that the Court’s members directly address the public. Clearly, however, the justices do not… Continue Reading
The Presidential Records Act, Clinton’s Socks, and Trump’s Boxes
Lawfare: “…In 1950, Congress passed the Federal Records Act, which requires federal agencies—but not the president—to preserve their records. Five years later, Congress passed the Presidential Libraries Act, which encouraged (but did not require) former presidents to donate their records to private, federally maintained libraries. Then came Richard Nixon. Four months after Nixon resigned in… Continue Reading
Freedom of speech and LGBT rights: Americans’ views of issues in Supreme Court case
“A majority of Americans think business owners should be able to refuse to provide services in situations where providing them may “suggest support for beliefs about lesbian, gay, bisexual or transgender (LGBT) issues” to which they have personal or religious objections, according to a new Pew Research Center survey. In earlier surveys, the public has… Continue Reading
The GPTJudge: Justice in a Generative AI World
Grossman, Maura and Grimm, Paul and Brown, Dan and Xu, Molly, The GPTJudge: Justice in a Generative AI World (May 23, 2023). Duke Law & Technology Review, Vol. 23, No. 1, 2023, Available at SSRN: https://ssrn.com/abstract=4460184 “Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they are capable of producing… Continue Reading
Projected Health Outcomes Associated With 3 US Supreme Court Decisions in 2022
Gaffney A, Himmelstein DU, Dickman S, et al. Projected Health Outcomes Associated With 3 US Supreme Court Decisions in 2022 on COVID-19 Workplace Protections, Handgun-Carry Restrictions, and Abortion Rights. JAMA Netw Open. 2023;6(6):e2315578. doi:10.1001/jamanetworkopen.2023.15578. “Several recent US Supreme Court rulings have drawn criticism from the medical community, but their health consequences have not been quantitatively… Continue Reading
An interactive guide to rights the Supreme Court has established and could take away
ProPublica – Supreme Risk – “Last summer, the U.S. Supreme Court overturned the constitutional right to abortion established 50 years ago in Roe v. Wade, raising concerns about the future of other rights rooted in Supreme Court rulings. Although most rights are secured by statutes and regulations, others are guarantees extrapolated by the court from… Continue Reading
A Democracy Crisis In The Making: June 2023 Edition
States United Democracy Center, Democracy Foward, Law Forward report – A Democracy Crisis In The Making: June 2023 Edition: Key Takeaways: 38 states are considering 185 bills that would make it easier to overturn the will of the voters — and harder for trusted election officials to do their jobs. At least eight states have… Continue Reading
Trump Indicted in Mar-a-Lago Probe
Washington Post – Here are the charges against Trump and what they mean LawFare: “A grand jury in South Florida has reportedly indicted former President Donald Trump in connection with the Mar-a-Lago documents investigation. The indictment is under seal, but it apparently includes seven counts involving improper retention of classified material and conspiracy to obstruct… Continue Reading
Lawyer cites fake cases invented by ChatGPT, judge is not amused
Simon Willison’s Weblog: “Legal Twitter is having tremendous fun right now reviewing the latest documents from the case Mata v. Avianca, Inc. (1:22-cv-01461). Here’s a neat summary: So, wait. They file a brief that cites cases fabricated by ChatGPT. The court asks them to file copies of the opinions. And then they go back to… Continue Reading
Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging
Kimble, Joseph, Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging (February 15, 2023). Michigan Lawyers Weekly, February 15 2023, Available at SSRN: https://ssrn.com/abstract=4436620 “Judges often proclaim—typically during a political campaign—that they are a “rule-of-law judge.” This commentary calls that description “a clichéd truism.” Beyond that, though, what’s wrong with the description? First, it’s hopelessly simplistic.… Continue Reading
