Posts filtered by tags: Richard Posner[x]


Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey

Could Kavanaugh Remark Signal Door Opening to Pending SAF Cases?

The U.S. Supreme Court has four SAF gun rights cases up for possible consideration. U.S.A. –-( In the process of once again kicking the legal can down the road on a Second Amendment case, the U.S. Supreme Court may have opened the door to finally take another case dealing with the right to keep and bear arms, thanks to a remark by Associate Justice Brett Kavanaugh in his short concurrence with the majority. “I share JUSTICE ALITO’s concern,” Kavanaugh writes, “that some federal ...
Tags: New York, Texas, Nbc, Guns, Supreme Court, Obama, Eric Holder, California, Washington, New York City, Nbc News, US, United States, San Jose, Illinois, Wilson

Ask the author: The enduring and controversial legacy of the Warren Court

The following is a series of questions posed by Ronald Collins to Geoffrey Stone and David Strauss in connection with their new book, “Democracy and Equality: The Enduring Constitutional Vision of the Warren Court” (Oxford University Press, 2020). Geoffrey Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago Law School. He served as dean of the law school from 1987-1994 and provost of the University of Chicago from 1994-2002. Stone was a law clerk to Supreme C...
Tags: New York, Featured, Minnesota, Supreme Court, Law, Congress, California, Stanford, Senate, Virginia, Book Reviews, America, David, United States, Hawaii, Citizens United

Argument analysis: “Not a paragon of clarity”

On Wednesday, the Supreme Court heard argument in Rotkiske v. Klemm. What seemed like a run-of-the-mill statutory-interpretation case revealed itself to be deeply convoluted, involving uncertainty both about which issues had been waived in earlier proceedings and what the question presented even means. These fundamental questions clouded the argument enough that I would not be surprised to see this case dismissed as improvidently granted. The underlying facts in the case are fairly standard. ...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Bond, Fdcpa, Sonia Sotomayor, Antonin Scalia, Scalia, Richard Posner, Klemm, Andrews, Bailey, U S Court of Appeals, Sotomayor, Stephen Breyer

It Took Decades, But The Anti-New Deal Crusaders Have Triumphed

Made possible by The American judiciary has been transformed over the past generation. Until recently, liberals were accustomed to thinking of the Supreme Court as an ally. Under Chief Justice Earl Warren in the 1950s and 1960s, the Court struck down school segregation in Brown v. Board of Education (1954), cemented the doctrine of one person, one vote in Baker v. Carr (1962), established a constitutional right to privacy in Griswold v. Connecticut (1965), along with dozens of other legal a...
Tags: News, Supreme Court, Law, Washington Post, Washington, Senate, Court, Elizabeth Warren, America, Reagan, Society, Features, Chicago, Harvard, United States, Ford

Argument analysis: Justices divided on federal protections for LGBT employees (UPDATED)

Editor’s note: This post has been updated to include discussions of exchanges between Chief Justice John Roberts and advocate Pamela Karlan in Bostock v. Clayton County, and between Justices Neil Gorsuch and Samuel Alito and advocate David Cole in Harris Funeral Homes v. EEOC. Title VII of the Civil Rights Act of 1964 bars employment discrimination “because of … sex.” This morning, in a packed courtroom, the Supreme Court heard oral argument on whether Title VII protects gay, lesbian and transge...
Tags: Featured, Supreme Court, Law, Congress, Stanford, Switzerland, Michigan, Ruth Bader Ginsburg, Francisco, Title VII, Anthony, Sonia Sotomayor, John Roberts, HARRIS, American Civil Liberties Union, Richard Posner

Response to Comments on Rationing the Constitution

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Tags: New York, Texas, Supreme Court, Congress, Washington, Court, David Marcus, Philip Roth, Johnson, Cornell, Unknown, Branding, Clinton, Marcus, Social Sciences, Trump

Litigation Finance Startup Legalist Raises $100 Million to Fund Lawsuits

Legalist, a San Francisco-based litigation finance company started by two Harvard University dropouts and advised by retired 7th U.S. Circuit Court of Appeals Judge Richard Posner, has just raised $100 million, which it will use to fund plaintiffs in 100-200 commercial cases over the next two years. Legalist scrapes federal and state court records and then uses algorithms to predict case outcomes and determine the best cases in which to invest. It invests exclusively in mid-market cases that req...
Tags: Y Combinator, Law, Uncategorized, San Francisco, Harvard, Harvard University, TechCrunch, Vy Capital, Richard Posner, Posner, 7th Circuit, Shang, 7th U S Circuit Court of Appeals, Bob Ambrogi, Legalist, Litigation Finance Startup Legalist

Does existing law ban workplace bias against gays? SCOTUS will decide

My new post at Cato covers the Supreme Court’s decision to resolve three cases in which it is argued that Title VII of the 1964 Civil Rights Act bans private workplace discrimination against gay and transgender employees. I cite a 2017 Seventh Circuit showdown on the question between Judges Richard Posner and Diane Sykes: “These philosophical divides on statutory interpretation — which of course play out every term in lower-profile cases — are likely to be on the Court’s mind next fall.” More: J...
Tags: Supreme Court, Law, Court, Uncategorized, Transgender, Sexual Orientation, Cato, Richard Posner, Sex Discrimination, Diane Sykes, On Labor, Jared Odessky

Partisan Divisions in the Supreme Court: It's Likely to Get Worse (and There's No Reason to Think that it Will Necessarily Ever Get Better)

For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). It is tempting to incorporate by reference the other excellent reviews of The Company They Keep:   How Partisan Divisions Came to the Supreme Court,, a truly interesting and important book by Neal Devins and Lawrence Baum.   I particularly like Jack’s placing the central arguments of the book within the larger political context ...
Tags: Supreme Court, Obama, Congress, Eric Holder, Washington Post, Senate, Court, America, Harvard, United States, Ronald Reagan, Hawaii, New York Times, ACS, Circuit, Leo

Ask the author: “The great oracle of American legal thought” – revisiting the life and times of Justice Holmes

The following is a series of questions posed by Ronald Collins to Stephen Budiansky concerning Budiansky’s book “Oliver Wendell Holmes: A Life in War, Law, and Ideas” (W.W. Norton, 2019, 592 pp., cloth: $29.95). Stephen Budiansky is the author of 17 books of biography, history and science. He was a recipient of a Guggenheim Fellowship in the Creative Arts in 2011. Welcome, Stephen, and thank you for taking the time to participate in this question-and-answer exchange for our readers. And congra...
Tags: New York, Hollywood, Featured, Supreme Court, Law, Washington, Boston, Virginia, Massachusetts, Book Reviews, America, Harvard, United States, Ireland, Winston Churchill, Catholic

Lawsuit says that America's "break even" court records website shouldn't be making 98%+ profits

PACER (previoulsy) is the controversial US system for publishing court records; although the records themselves are in the public domain (US government documents are not copyrightable), you have to pay $0.10/page to read them, which is supposed to pay for the cost of serving them. PACER makes some $150m/year, to support a service that's basically just a big cloud drive full of (unindexed, unsearchable) PDFs, and which only costs $3m/year to operate. Services like RECAP, which copy PACER pag...
Tags: Post, News, Law, Congress, US, America, Fbi, Aaron Swartz, Recap, Pacer, Richard Posner, Joe Lieberman, Lieberman, Shira Scheindlin, Tim Cushing TechDirt, Equal Access To The Law

The Holidays Are Not Cancelled — See Also

RUTH BADER GINSBURG IS FINE: She had a bit of lung cancer for breakfast, but she's fine. Everything is fine. THIS FIRM WILL PAY YOU FOR VACATION: Not just a paid vacation, they'll actually buy your trip. OUR CAREER SERVICES GUY IS STILL HAVING PALPITATIONS OVER NALP: I'm going to the Association of American Law Schools conference in New Orleans and... I assume this will come up. SOMETHING ABOUT PRO SE LITIGANTS: I should care. David Boise and Richard Posner care. MATT WHITAKER IS BASICALLY A...
Tags: Law, New Orleans, Ruth Bader Ginsburg, Richard Posner, Association of American Law Schools, Matt Whitaker, See Also, David Boise

Collection of Coase’s talks on Youtube

We are fortunate to have Coase’s talks on the internet. I’m compiling a few here for ease of access: Ronald H. Coase: On Economics – See my post here. Ronald Coase: Centennial Coase Lecture Markets, Firms and Property Rights – Ronald Coase A conversation with Ronald H. Coase (with Richard Posner) How China Became Capitalist: […]
Tags: Travel, Economics, Coase, Richard Posner, Ronald Coase, Ronald H Coase, Centennial Coase Lecture Markets Firms

Empirical SCOTUS: Differences between “Obama” and “Trump” judges, while sometimes subtle, can’t be denied

Justices of the Supreme Court rarely give public comments on words or actions of members of the elected branches of the federal government. This made the recent spat between Chief Justice John Roberts and President Donald Trump over the role of partisanship in the federal judiciary all the more surprising and powerful. Although phrased in terse sentences (Trump’s were via Twitter), their words left much to unpack. What began as Trump decrying the decision of an “Obama judge” (a judge appointed b...
Tags: Supreme Court, Law, Obama, Congress, Barack Obama, Department Of Defense, Chicago, District Of Columbia, Donald Trump, National Labor Relations Board, Clinton, Trump, Bush, Lewis, Morris, John Roberts

World’s Most Fortunate Pro Se Litigant Represented By Judge Posner Now Also Represented By David Boies

As the case moves to the Supreme Court, William Bond adds even more firepower.
Tags: Supreme Court, Law, Courts, Matthew Dowd, David Boies, Biglaw, Richard Posner, Pro Se Litigants, Boies Schiller, William Bond

Top 10 ways to “friend” SCOTUS

William Seidleck is a law clerk at the U.S. Court of Federal Claims. JP Schnapper-Casteras is the founder of Schnapper-Casteras PLLC. Filings by “friends of the court,” known as “amicus briefs,” are more important and sophisticated than ever. They come in many forms and lengths — but contemporary practice suggests that there are 10 (or so) common themes and clear strategies that can have a real impact. Recent years have seen between 600 and 1,000 amicus briefs per term, which is an upward of 80...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Arizona, Ferguson, Homeland Security, Graham, Republican National Committee, King, National Labor Relations Board, Mcdonnell

Empirical SCOTUS: The big business court

The current Supreme Court is friendly toward big business. How friendly? If the court’s trajectory continues, perhaps as friendly as any court dating back to the Lochner era, when laissez-faire policies permeated the court’s rulings. Prominent scholars, most notably Lee Epstein, William Landes and Richard Posner, have found empirical support for the proposition that the current court is more pro-business than previous iterations. (That study was recently updated through the 2015 term.) This post...
Tags: Apple, Featured, Supreme Court, Law, Wall Street, Los Angeles, ExxonMobil, Pepper, South Dakota, Citizens United, Archer, Warren, Exxon, Kennedy, Paul Clement, Securities And Exchange Commission

Judge Posner Loses Appeal In Laughably Lazy Fourth Circuit Opinion

The Fourth Circuit completes a trifecta of appellate cowardice.
Tags: Law, Courts, Matthew Dowd, Fourth Circuit, Richard Posner, Posner, 4th Circuit, Pro Se Litigants, William Bond

Awaiting a Supreme Court nominee

The White House has indicated that President Trump will announce a nominee for the Supreme Court vacancy Monday evening. Jonathan Adler breaks it all down at Volokh Conspiracy as does David Lat in a series of posts (sample: feeder judge Brett Kavanaugh “sends clerks to almost all the justices, on both sides of the aisle.”) Other resources while we wait: Factually rich cheat sheet with links to writings and opinions of judges thought to be on the list [TIFIS] The New Civil Liberties Alliance ...
Tags: Sixth Circuit, Supreme Court, Law, Washington Post, White House, Uncategorized, Liberty, David Lat, Administrative Law, Trump, Sonia Sotomayor, Richard Posner, Hartford, Alito, Third Circuit, Jonathan Adler

Potential nominee profile: Amul Thapar

When President Donald Trump selected his first Supreme Court nominee a year and a half ago, only one of the final four frontrunners had never served as a judge on a federal appeals court: Amul Thapar, then a district-court judge for the Eastern District of Kentucky and a favorite of Senate Majority Leader Mitch McConnell. Although he lacked federal appellate-court experience, usually a prerequisite for a Supreme Court justice, Thapar was one of four candidates, along with Thomas Hardiman, Will...
Tags: Featured, Winter, Supreme Court, Law, Congress, Washington, Kentucky, Senate, India, Court, Barack Obama, United States, Williams, Tennessee, Social Security, Bia

Anthony Kennedy: The Judge Who Never Left the Republican Party

When the Republican Party in 1980 nominated Ronald Reagan for president and Al D’Amato captured the Republican nomination for the New York Senate seat, I walked out.   Over the next forty years, prominent Republican members of the federal judiciary trod down the same path.   By the time they left the bench, Harry Blackmun, John Paul Stevens, David Souter and Richard Posner were no longer Republicans.   Sandra Day O’Connor in her last years on the bench did little to hide her disgust with Bu...
Tags: Supreme Court, Obamacare, Congress, White House, Gop, Ronald Reagan, New York Times, Mitch McConnell, Republican Party, Republican, Donald Trump, Kennedy, Branding, Gore, Bush, Democratic Party

Need To Replace A Legal Luminary? Look To Skadden

How much is he giving up to take a job on the Seventh Circuit?
Tags: Law, Courts, Biglaw, Richard Posner, Skadden, Seventh Circuit, Skadden Arps Slate Meagher & Flom LLP, Michael Scudder, Amy St. Eve

Judge Posner Chastises District Court’s ‘Laziness’… And He’s Got A Point

Judges often lift analysis from the parties. This practice has to stop -- especially in pro se matters.
Tags: Law, Courts, Matthew Dowd, Richard Posner, Posner, Pro Se Litigants, William Bond, Chastises District Court

Argument preview: Show me the stock options?

When Cuba Gooding Jr.’s character shouts “Show me the money!” in “Jerry Maguire,” is he demanding compensation in cash? Or would he be satisfied with payment in stock options? That — more or less — is the central question in Wisconsin Central Ltd. v. United States: whether the word “money,” when used in the context of compensation, extends to remuneration in stock-option form. The Supreme Court’s answer to that question will determine whether the country’s largest railroads receive tax refunds w...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Treasury, Wisconsin, Csx, National, Cuba Gooding Jr, Chevron, Irs, Internal Revenue Code, American Airlines, Bnsf

If You Haven’t Read These Stories Yet, You’re Using Your Snow Day Wrong — See Also

[caption id="attachment_341107" align="alignright" width="300"]OMG, SHE GOES TO LAW SCHOOL AND I GO TO LAW SCHOOL: Mike Pence's daughter, the one who isn't writing children's books, is at Yale. THESE LATHAM & WATKINS PARTNER DETAILS ARE A THING: Bill Voge’s downfall started with "Christian Reconciliation" help. RICHARD POSNER SEEMS TO BE ENJOYING HIS LIFE: His first brief back is fire. KENNEDY CRITICIZED SOTOMAYOR FOR GOING BEYOND THE RECORD: I never think it's a good look to criticize people...
Tags: Law, Vladimir Putin, Kennedy, Trump, Mike Pence, Richard Posner, Sotomayor, Bill Voge, See Also, Christian Reconciliation, Yale THESE LATHAM WATKINS

Judge Posner Files First Brief Since Leaving The Bench, Lights Into Federal Judiciary

Judge Posner takes his fight for pro se litigants to the next level.
Tags: Law, Courts, Litigation, Richard Posner, Posner, 4th Circuit, Pro Se Litigants, Bench Lights Into Federal Judiciary