Posts filtered by tags: Thurgood Marshall[x]


Bernie Sanders Launches a Deeply Misguided Attack on Charter Schools

One of the great benefits of living life well outside the Beltway is that it’s easy to take my eyes off the swamp, look to the states surrounding me, and see places where politics actually function as they’re supposed to. I can even, occasionally, see those issues on which Democrats and Republicans might work together, united in common purpose, for the common good.Exhibit A: the charter-school movement. It’s granted an invaluable degree of educational choice to families who long lacked the flexi...
Tags: Texas, News, Obama, America, Beltway, Newark, Lebron James, Bernie Sanders, Akron, Sanders, Bernie, Akron Ohio, Cory Booker, Center City Philadelphia, Thurgood Marshall, National Review Institute

Bernie Sanders' "Thurgood Marshall Plan for Public Education" will desegregate schools, defund charters, pay teachers, end the school-to-prison pipeline

Bernie Sanders has released A Thurgood Marshall Plan for Public Education, a detailed and bold suite of public education reforms reminiscent of the kinds of policy planks being laid down regularly by rival candidate Elizabeth Warren (I'm a donor to both Sanders' and Warren's campaigns). The plan -- a pun on the Marshall Plan for rebuilding Europe after WWII -- is also a tribute to Thurgood Marshall, the attorney who successfully argued for school desegregation in the landmark Brown v Board ...
Tags: Europe, Post, Happy Mutants, News, Education, Race, Elizabeth Warren, US, America, Democrats, Warren, Lgbtq, Ada, Disabilities, Bernie Sanders, Sanders

Remembering The Crazy Racism Of The Legal Profession In The Jim Crow Era

Happy anniversary, Brown v. Board of Education!
Tags: Law, Courts, Quote Of The Day, Board, Brown, Thurgood Marshall, Sherrilyn Ifill, Brown v. Board of Education

"Harvard Betrays a Law Professor — and Itself/Misguided students believe that defending Harvey Weinstein makes Ronald Sullivan unfit to be their dean. Apparently the university agrees."

An op-ed by Harvard lawprof Randall Kennedy (in the NYT).In addition to his work as a professor and a lawyer, [Ronald] Sullivan, with his wife, Stephanie Robinson, has served for a decade as the faculty dean of Winthrop House, an undergraduate dormitory where some 400 students live.As a faculty dean, Mr. Sullivan is responsible for creating a safe, fun, supportive environment in which students can pursue their collegiate ambitions. Winthrop House is meant to be a home away from home; faculty dea...
Tags: Protest, Students, Law, Harvard, Yale, House, Harvey Weinstein, Sexual Harassment, Law School, Kennedy, Robinson, Sullivan, Weinstein, Winthrop, Harvard Gazette, Christakis

Opinion analysis: Hyatt fulfills expectations in a surprising way

In an already familiar 5-4 lineup, the Supreme Court has overruled Nevada v. Hall, which for 40 years has stood for the proposition that states generally lack sovereign immunity in one another’s courts. The new decision vindicates a legal position long held by conservatives, but it appears to endorse a loose approach to finding structural principles in the Constitution. The ruling also adopts a less than exacting view of stare decisis — hardly surprising for Justice Clarence Thomas, who wrote th...
Tags: Featured, Supreme Court, Law, California, Planned Parenthood, Time, Court, Georgia, Tennessee, Connecticut, Nevada, States, Hall, Hyatt, Marshall, Thomas

Assembling criminal justice questions for the 2020 Prez field

Writing in the Washington Post, the Radley Balko is playing a great game of 20 questions in the form of this commentary headlined "Here are 20 criminal-justice and civil liberties questions for the 2020 contenders." I recommend the piece in full, in part because he lists a lot more than 20 questions (as my partial imprint reveals).  Here is part of its lead-in and a few of my favorite questions: The 2020 campaign will likely present voters with the sharpest contrast on criminal-justice and civi...
Tags: Supreme Court, Law, Washington Post, Marshall, Radley Balko, Thurgood Marshall, Douglas A Berman, John Pfaff

Judge And Civil Rights Icon Damon J. Keith Dies At Age 96

DETROIT (AP) — Judge Damon J. Keith, a grandson of slaves and figure in the civil rights movement who as a federal judge was sued by President Richard Nixon over a ruling against warrantless wiretaps, died Sunday. He was 96. Keith died in Detroit, the city where the prominent lawyer was appointed in 1967 to the U.S. District Court, according to the Swanson Funeral Home. Keith served more than 50 years in the federal courts, and before his death still heard cases about four times a year at th...
Tags: News, Supreme Court, Washington, Ap, Chicago, Associated Press, Vietnam, Detroit, George W Bush, The Washington Post, Cincinnati, Marshall, Nixon, The Associated Press, Keith, Howard

April 17-20 Popular Culture Association meeting in DC

Registration information is at The guest registration option is available only for a one-day pass (24 hours) or for spouses and family members of presenters.  If you are attending the conference for more than one day, are a presenter or a returning member of the Association, you should pay the full conference fee.  Those violating this policy are subject to cancellation of their registration. Please join us in Washington, D.C., for the 2019 PC...
Tags: Comics, Japan, Washington, Dc, Stan Lee, Association, Ani, Thurgood Marshall, Disney Animation, Mike Rhode, Popular Culture Association, Journal of Popular Culture, Washington Room

What is Judicial Courage?

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).           There’s little writing exploring the nature and meaning of judicial courage.   Commentators sometimes praise individual decisions as “courageous,” but that usually means the decision falls in line with the commentator’s own preferences.   More broadly, I suspect most people intuitively think judicial courage means bein...
Tags: Texas, Justice, Supreme Court, Court, Alabama, Citizens United, Johnson, Black, Branding, State, Brown, Board of Education, Alabama Senate, Baum, Federalist Society, O'Connor

The Company We No Longer Keep

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).Linda Greenhouse             Two texts, a quarter century apart, frame the issue under discussion in this symposium. In 1986, shortly before becoming Chief Justice, Justice William Rehnquist published an article he titled “Constitutional Law and Public Opinion.”   [20 Suffolk U. L. Rev. 753, 768 (1986)]   Public opinion inevita...
Tags: Post, Justice, Supreme Court, Washington Post, Washington, Court, Yale, Aclu, Kaiser, Republican Party, Republican, Ruth Bader Ginsburg, Wall Street Journal, Ucla, Branding, Guest Blogger

Another useful reminder of the need for more criminal justice diversity on the federal bench

Long-time readers know I have been talking a long time about the prosecutorial tilt that impacts who gets nominated and confirmed for seats on the US Supreme Court and lower federal courts.  Encouragingly, the need for more balance in the courts is getting more attention as criminal justice reform continues to garner attention (especially among would-be Democratic Prez candidates).   Consider, for example, this piece on this topic at Slate by Kyle Barry under the headline "Democratic Presidentia...
Tags: Supreme Court, Law, Obama, Congress, Washington Post, America, Barack Obama, US supreme court, Trump, Sonia Sotomayor, Kelly, U S District Court, Donald Trump Trump, Gideon, Samuel Alito, Jane Kelly

Supreme Court To Hear Case On Racial Bias In Jury Selection

JACKSON, Miss. (AP) — Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn’t get a murder conviction against him to stick through five trials. Three convictions were tossed out, and two other juries couldn’t reach unanimous verdicts. This week, the Supreme Court will consider whether his conviction and death sentence in a sixth trial should stand or be overturned for a familiar reason: because prosecutors improperly kept African-Americans off the jury. The ju...
Tags: News, Mississippi, Supreme Court, Kentucky, Georgia, Ap, Davis, Evans, Jackson, Flowers, Racial Profiling, U S Supreme Court, Mississippi Supreme Court, Jason Davis, Jim Hood, Doug Evans

SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg

Making (belated) case for a Prez to "choose nominees who will help dismantle mass incarceration"

James Forman has this notable new New York Times op-ed about Supreme Court nominations and the field of potential challengers to Prez Trump under the full headline "The Democratic Candidates Should Tell Us Now Who They’ll Put on the Supreme Court. And they should choose nominees who will help dismantle mass incarceration."  I recommend the piece in full, and here are excerpts: In a country that locks up more of its citizens than any other, we should demand that candidates for president have a p...
Tags: Supreme Court, Law, Obama, Alabama, Barack Obama, Hillary Clinton, New York Times, Donald Trump, Trump, Democratic, Alexander, Sonia Sotomayor, Prez Obama, Garland, Thurgood Marshall, Bryan Stevenson

The Strange Story of How Baltimore’s Friendship Airport Became “BWI”

Baltimore/Washington International airport is named for Supreme Court Justice Thurgood Marshall. But that's not the interesting part of its name. It was once known as Friendship International airport and its airport code was a logical BAL for Baltimore. Before Washington Dulles opened jets that were too large for National airport went to Baltimore. Continue reading The Strange Story of How Baltimore’s Friendship Airport Became “BWI”...
Tags: Travel, Supreme Court, Advice, Baltimore, Washington Dulles, Thurgood Marshall, Baltimore Washington International, Baltimore Continue

"It was that deep worry that lives in the base of the skull of every resident of Park Avenue south of Ninety-sixth Street—a black youth, tall, rangy, wearing white sneakers."

From Kindle location 320 in Tom Wolfe's "The Bonfire of the Vanities," this is the second entry in The "Bonfire" Project, where we talk about one short passage of continuous text:All at once Sherman was aware of a figure approaching him on the sidewalk, in the wet black shadows of the town houses and the trees. Even from fifty feet away, in the darkness, he could tell. It was that deep worry that lives in the base of the skull of every resident of Park Avenue south of Ninety-sixth Street—a black...
Tags: Law, Dogs, Sherman, Marshall, Yellow, McCoy, Tom Wolfe, Park Avenue, Thurgood Marshall, Vanities, Sherman McCoy, Race Consciousness, Ann Althouse, Cowardice, reference to the Gatsby project, the Bonfire project

Symposium: Clarity of the record should bring clarity of purpose

Justin Levitt is a professor at Loyola Law School, Los Angeles; he runs the website “All About Redistricting.” Partisan gerrymandering is back. There are two cases before the Supreme Court this term: a Democratic gerrymander in Maryland and a Republican gerrymander in North Carolina. The cases are different – and though neither is perfect, the basic problem of partisan political entrenchment is unlikely to be presented more cleanly. The evidentiary record in each case is firmly turned up to 11. ...
Tags: Featured, Maryland, Supreme Court, Law, Kentucky, City, North Carolina, Kennedy, Cox, Gill, Riviera Beach, Anthony Kennedy, Thurgood Marshall, Tarheel, Justin Levitt, Larios

Throwback Thursday: Thurgood Marshall's path to a sky-high 'batting average'

The great-grandson of a slave worked his way through law school, opened his own practice, represented the NAACP and argued more than two dozen cases in front of the Supreme Court. Then took his place as the first black justice on it.
Tags: Supreme Court, Cnn, Naacp, Thurgood Marshall

Monday round-up

Commentary and coverage focus on the Supreme Court’s decision last week to review New York State Rifle & Pistol Association Inc. v. City of New York, in which the justices will consider whether New York City’s ban on transporting a licensed, locked and unloaded handgun outside city limits violates the Constitution. In an op-ed for Los Angeles Times, James Phillips and John Yoo argue that “[t]o ensure the equal treatment of constitutional rights, the court should establish a test fully rooted in ...
Tags: Supreme Court, Law, New York City, Donald Trump, Round-up, Blair, Kenneth Jost, Alito, Rodriguez, American Enterprise Institute, Heritage Foundation, Mark Walsh, Kavanaugh, Teva Pharmaceuticals USA Inc, David Dayen, National Law Journal

Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg

Book review: “Ruth Bader Ginsburg”: The evolution of a justice

One might think that the market for treatments of the life and legacy of Justice Ruth Bader Ginsburg would be saturated by now. The past three years alone have seen the release of a carefully curated collection of the justice’s writings, “My Own Words,” a surprise hit documentary about her life and career, “RBG,” and a recent feature film, “On the Basis of Sex,” which focuses on the first sex-discrimination case Ginsburg argued in federal court. Now comes “Ruth Bader Ginsburg: A Life,” by Jane...
Tags: Featured, Sweden, Supreme Court, Law, Virginia, Book Reviews, Brooklyn, United States, Aclu, Bill Clinton, Naacp, Ruth Bader Ginsburg, Columbia Law School, Harvard Law School, Senate Judiciary Committee, American Civil Liberties Union

SCOTUS for law students: President George H.W. Bush’s Supreme Court legacy

Shortly before his death in 1826, President John Adams was quoted as saying, “My gift of John Marshall to the people of the United States was the proudest act of my life.” Adams was one of the earliest exponents of the view that nominations to the Supreme Court form a very important part of any president’s legacy. Consider the legacy of President George H.W. Bush. Although he served only one four-year-term in the Oval Office, Bush, who died on November 30, had a profound impact on the Supreme Co...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, White House, Boston, United States, Ronald Reagan, Missouri, New Hampshire, Associated Press, Department Of Justice, John Adams, Donald Trump

Empirical SCOTUS: The heightened importance of the Federal Circuit

This term, the Supreme Court will hear argument in its 100th case decided below by the U.S. Court of Appeals for the Federal Circuit. The Supreme Court’s recent grant of Kisor v. Wilkie also marks the fourth case granted from the Federal Circuit this term. This is by no means a small fraction of the Supreme Court’s total caseload. In terms of federal courts of appeals, the Supreme Court has only granted more cases this term from the U.S. Courts of Appeals for the 2nd, 6th, 9th and 11th Circuits....
Tags: Supreme Court, Law, United States, Thomas, Antonin Scalia, Newman, U S Postal Service, Pauline Newman, U S Court of Appeals, Stephen Breyer, Mayer, Clarence Thomas, Alan Lourie, Federal Circuit, David Souter, Teva Pharmaceuticals USA Inc

A “view” from the courtroom: A nod to a late president and a retired justice

The courtroom is quite full this morning, but there is room for a couple of distinguished spectators. One is Jay Clayton, the chairman of the U.S. Securities and Exchange Commission, who is seated in the front row of the Supreme Court Bar section usually filled by those to be sworn in to the bar. Indeed, that is one reason Clayton is here, as Solicitor General Noel Francisco will introduce him and vouch that Clayton meets the necessary qualifications. The other is that the second case for argume...
Tags: Chris Christie, Featured, Law, Washington, Sacramento, West Virginia, Cnn, United States, New Jersey, Ncaa, William Shakespeare, Kennedy, Securities And Exchange Commission, Bush, Christie, Thomas

Empirical SCOTUS: The strength of precedent is in the justices’ actions, not words

During his Supreme Court confirmation hearing in 2005, Chief Justice John Roberts declared, “Judges have to have the humility to recognize that they operate within a system of precedent shaped by other judges equally striving to live up to the judicial oath, and judges have to have modesty to be open in the decisional process to the considered views of their colleagues on the bench.” Although precedent is a strong principle in the justices’ decision calculi, it does not bind the Supreme Court in...
Tags: Supreme Court, Law, White House, Court, Austin, South Dakota, Hawaii, Citizens United, Michigan, Louisiana, Jackson, Kennedy, Douglas, Sutherland, Antonin Scalia, Wade

Hate Speech, Threat Liability, Pedagogy (and Civility)

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Tags: Supreme Court, California, Virginia, Singapore, Court, Black, Branding, Mark, Stewart, Watts, Cohen, LBJ, Waldron, Calibri, Thurgood Marshall, Elonis

A “view” from the courtroom: Opening with an empty spot on the bench

So this is what all the fuss is about. The Supreme Court returns from its summer recess with cases for argument today about the dusky gopher frog and age discrimination in government agencies with fewer than 20 employees. As Adam Liptak observes in The New York Times, the court’s docket presents “lower-profile but still consequential legal questions” that may allow the justices “to find ways to bridge the usual ideological divides” amid the continuing battle over the nomination of Judge Brett Ka...
Tags: Featured, Supreme Court, Law, United States, New York Times, New Jersey, Ruth Bader Ginsburg, Columbia Law School, Joan, Kennedy, Marshall, Thomas, John Roberts, Roberts, Adam Liptak, Ginsburg

Empirical SCOTUS: The hottest bench in town

The practice of Supreme Court oral arguments has changed dramatically over time. Once multi-day events, Supreme Court oral arguments now typically take place in a one-hour time span, with some exceptions granted by the justices. Not only has the time allotted to arguments changed, but so has the justices’ engagement. This increased engagement has helped quantitative scholars of the court understand the relationship between oral arguments and votes both in the aggregate and in particular cases. O...
Tags: Featured, Supreme Court, Law, Kennedy, Paul Clement, Thomas, Sonia Sotomayor, Antonin Scalia, Senate Judiciary Committee, John Roberts, Scalia, Owens, Roberts, Stephen Breyer, Elena Kagan, Kagan

Sen. Kamala Harris to GOP colleagues: We’ll miss you when you’re gone

There’s an old saying that applies to the relationship between elected Democratic and Republican politicians: Absence makes the heart grow fonder. As soon as Republicans are no longer an electoral threat to Democrats, their histories are rewritten and the gold bricks become golden boys overnight. If you don’t believe me, go back and watch the reaction to the death of Arizona Sen. John McCain.  Check out what his liberal admirers were saying about him, and then Google the same people and compare ...
Tags: Google, Supreme Court, California, Opinion, Virginia, Sport, Soccer, Gop, United States, Warren, Fda, Pearl Harbor, White, Kamala Harris, Ouija, John Phillips

“Let’s let Thurgood Marshall explain what’s wrong with Brett Kavanaugh’s originalism”

“Let’s let Thurgood Marshall explain what’s wrong with Brett Kavanaugh’s originalism”: Michael Long has this essay online at The Los Angeles Times.
Tags: Law, Uncategorized, Michael Long, Thurgood Marshall, Brett Kavanaugh