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Category Archives: Courts

As Trump Leaves the White House, His Imprint on the Judiciary Deepens

The New York Times – “As Democrats look to the incoming Biden administration to reverse much of President Trump’s work, the conservative imprint he has left on the federal courts is only deepening. Much attention in recent months has focused on the Supreme Court and its newly appointed justice, Amy Coney Barrett. But an analysis… Continue Reading

“Court Packing”: Legislative Control over the Size of the Supreme Court

CRS Legal Sidebar Prepared for Members and Committees of Congress – “Court Packing”: Legislative Control over the Size of the Supreme Court, December 14, 2020: “In the past year, legal commentators, policymakers, and the national press have devoted significant attention to proposals to increase the size of the Supreme Court, sometimes colloquially called“court packing.” Many… Continue Reading

Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress

CRS report via LC – Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress, Updated December 8, 2020: “The Constitution and federal law establish a detailed timetable following the presidential election during which time the members of the electoral college convene in the 50 state capitals and… Continue Reading

Archive, Historians, CREW Sue White House, Seek to Preserve Presidential Records During the Transition

National Security Archive – “The National Security Archive, the Society for Historians of American Foreign Relations, the American Historical Association, and the Citizens for Responsibility and Ethics in Washington today filed suit against President Donald Trump in his official capacity, seeking to enforce the Presidential Records Act and prevent any destruction of records during the… Continue Reading

Rep. Johnson’s Bipartisan Bill Making Federal Court Records Free to Public Passes House

“Rep. Hank Johnson (GA-04), chairman of the Subcommittee on Courts, Intellectual Property and the Internet, today announced The Open Courts Act of 2020, H.R. 8235, which would modernize the federal judiciary’s court records systems and eliminate the paywall (called PACER) that currently forces the public to pay more than $140 million each year to access… Continue Reading

A Political Obituary for Donald Trump

The Atlantic –  The effects of his reign will linger. But democracy survived. “To assess the legacy of Donald Trump’s presidency, start by quantifying it. Since last February, more than a quarter of a million Americans have died from COVID-19—a fifth of the world’s deaths from the disease, the highest number of any country. In… Continue Reading

Lawmakers are trying to create a database with free access to court records. Judges are fighting against it.

Washington Post – “Leaders of the federal judiciary are working to block bipartisan legislation designed to create a national database of court records that would provide free access to case documents. Backers of the bill, who are pressing for a House vote in the coming days, envision a streamlined, user-friendly system that would allow citizens… Continue Reading

ABA Legal Fact Check explores legal ramifications of lawyers filing frivolous lawsuits

“With the campaign and allies of President Donald J. Trump filing several dozen unsuccessful lawsuits related to the Nov. 3 election, a new ABA Legal Fact Check released today examines whether lawyers working on the president’s behalf could face sanctions for filing frivolous claims or professional misconduct. Lawyers are officers of the court and must… Continue Reading

Free PACER advocates say $2B estimate for new online system is not accurate

FedScoop: “Building a new online system that will make federal court records free to the public will cost far less than a rumored $2 billion, according to former government technologists and IT experts. In a letter sent Tuesday to the Judicial Conference of the United States, representatives from the Free Law Project — a nonprofit… Continue Reading

The Degradation of American Democracy And the Court

134 Harv. L. Rev. 1 Volume 134, November 10 2020 –  The Supreme Court Term 2019 – The Degradation of American Democracy — And the Court – Foreword by Michael J. Klarman. “On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement… Continue Reading

Letter – GOP-Tapped Ex-US Attorneys Denounce Trump’s ‘Irresponsible’ Election Claims

Law.com – “A coalition of former Republican-nominated U.S. attorneys on Thursday spoke out against President Donald Trump’s unsubstantiated claims of voter fraud in the 2020 presidential election, saying the U.S.’s “very legitimacy as a nation of laws, not men, depends on getting this right.” The letter, signed by 19 ex-federal prosecutors, comes as Trump falsely… Continue Reading