Posts filtered by tags: Thurgood Marshall[x]


"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

Friday round-up

Judge Brett Kavanaugh’s confirmation hearing for the Supreme Court will begin on Tuesday. Tucker Higgins of CNBC previews what to expect next week. Lawrence Hurley and Andrew Chung of Reuters predict that the “possibility [Kavanaugh] could vote to overturn Roe v. Wade will be a top line of questioning.” Marcia Coyle and Tony Mauro of (registration may be required) survey Supreme Court practitioners, advocates and academics for the “one question they’d ask the nominee.” Kenneth Jost at Jost on ...
Tags: Supreme Court, Law, Washington Post, White House, Court, New York Times, Fox News, Philadelphia, Jordan, Louisiana, North Carolina, Aba, Cnbc, Anderson, Round-up, Reuters

Today in History for August 30th

Highlights of this day in history: The Civil War's Second Battle of Bull Run ends; Thurgood Marshall confirmed as first black Supreme Court justice; First black astronaut blasts off; Ty Cobb's baseball debut; David Letterman moves to CBS. (Aug. 30)            [Author: AP]
Tags: News, Supreme Court, David Letterman, Ap, Cbs, Ty Cobb, Thurgood Marshall

Putting Supreme Court confirmation hearings in context

Carolyn Shapiro is associate professor of law and co-director of the Institute on the Supreme Court of the United States at Chicago-Kent College of Law. Contemporary Supreme Court confirmation hearings are both exciting and disappointing. They are exciting because they provide a chance to hear directly from the nominee, who otherwise may not be well known. The interested public can learn a bit about the individual’s public personality and intelligence. On the other hand, the hearings are disappo...
Tags: Featured, Mississippi, Supreme Court, Law, Senate, Court, United States, Arkansas, North Carolina, Ruth Bader Ginsburg, Collins, South Carolina, Jim Crow, American Bar Association, Committee, Stewart

Denver Riggleman Is Our Duke Of The Week

Some political figures loom large in history. They take on mythic proportions as their legacies transcend the centuries. Leaders like Abraham Lincoln, Eleanor Roosevelt and Thurgood Marshall have earned spots in the pantheon of American heroes. One of these titans has been invoked in the congressional race in Virginia’s fifth district. His shadow stretches long and the fascination with him spans years, continents and cultures. Bigfoot. In a bizarre turn of events, Leslie Cockburn, the D...
Tags: News, Instagram, Virginia, United States, Bigfoot, Capitol Hill, Denver, Daily Beast, Thurgood Marshall, R VA, Corey Stewart, Tom Garrett, CRTV, Golden Dukes, Kate Riga, Riggleman

Donald Trump names Brett Kavanaugh as supreme court nominee – live

Trump nominates Kavanaugh, a conservative rising star, to replace Anthony Kennedy on supreme courtFull story: Trump names Kavanaugh as nominee for next supreme court justiceWho is Brett Kavanaugh? 2.40am BST Senator Cory Booker, Democrat of New Jersey says he is “strongly opposed” Kavanaugh’s nomination. His nomination should be a non-starter for every member of the Senate concerned about the integrity of the special counsel’s investigation and worried about the Court undermining the rights ...
Tags: Supreme Court, Law, California, Senate, Court, US news, United States, New Jersey, District Of Columbia, Donald Trump, US supreme court, Trump, Brown, Board of Education, Berkeley California, Supreme Court Justice

Past summer nomination timelines

On Wednesday, June 27, Justice Anthony Kennedy announced his from the Supreme Court, effective July 31. Two days later, President Donald Trump told reporters that he would nominate Kennedy’s replacement on July 9, which would give just 12 days from retirement to nomination. This timing roughly matches past recent nominations that occurred mid-summer. President Ronald Reagan nominated Robert Bork to replace Justice Lewis Powell five days after Powell’s resignation on June 26, 1987. President Ge...
Tags: Supreme Court, Law, Kentucky, Senate, Barack Obama, Ronald Reagan, Mitch McConnell, Npr, Donald Trump, George W Bush, Kennedy, Trump, Thomas, Anita Hill, Sonia Sotomayor, Antonin Scalia

Thought for the day, July 1, 2018

Thurgood Marshall (Prints and Photographs division at the Library of Congress/public domain) Thurgood Marshall, associate justice of the Supreme Court “The legal system can force open doors, and sometimes-even knock down walls, but it cannot build bridges. That job belongs to you and me. The country can’t do it. Afro and White, rich and poor, educated and illiterate, our fates are bound together. We can run from each other, but we cannot escape each other. We will only attain freedom if w...
Tags: Supreme Court, America, Sport, Soccer, Local News, Library Of Congress, San Fernando Valley, Thurgood Marshall, Thought For The Day

Both The Washington Post and The New York Times have front-page articles touting Chief Justice John Roberts as the new "swing vote."

From The New York Times, "With Kennedy Gone, Roberts Will Be the Supreme Court’s Swing Vote":Justice Sandra Day O’Connor became more moderate when Justice William J. Brennan Jr. and Justice Thurgood Marshall left the court, said Michael C. Dorf, a Cornell Law School professor who clerked for Justice Kennedy, and Justice Kennedy likewise moved to the center when Justice O’Connor departed.“It could manifest in compromise positions in his taking substantively more moderate stances on issues,” Mr. D...
Tags: Same-sex Marriage, Justice, Supreme Court, Law, Congress, Abortion, The New York Times, The Washington Post, University Of California, Kennedy, Trump, John Roberts, Elizabeth B Wydra, Drexel University, Robert Barnes, Roberts

Supreme Court Begins Recess With No Justice Retiring

WASHINGTON (AP) — The Supreme Court has adjourned for the summer without any sign that a justice is retiring. Chief Justice John Roberts announced Wednesday that the court would return to the bench on Monday, Oct. 1, when the new term begins. Justice Anthony Kennedy was seen as the most likely candidate to retire. He will turn 82 next month and the other justices around his age are part of the court’s liberal wing. They are not expected to leave voluntarily while President Donald Trump holds off...
Tags: News, Supreme Court, Washington, Ap, Donald Trump, John Roberts, The Supreme Court, Anthony Kennedy, Thurgood Marshall, Sandra Day O Connor, Summer Concepcion

Empirical SCOTUS: Retirement plan blues

It is that time of year again. As we near the end of the Supreme Court term, we are experiencing another round of prognostications on whether Justice Anthony Kennedy will retire, leaving another vacancy for President Donald Trump to fill. (Last year’s take on the possibility of Kennedy’s retirement can be found here . ) About this time last year, the headlines ranged from describing the conflicting retirement rumors to exploring the potential effects and dire consequences of such a vacancy. This...
Tags: Featured, Supreme Court, Law, Barack Obama, District Of Columbia, Donald Trump, Ruth Bader Ginsburg, George W Bush, Kennedy, Trump, Marshall, Ucsb, Stevens, William Rehnquist, Benjamin Curtis, Warren Burger

Justice Kagan and Paul Clement share SG stories at American Law Institute annual meeting

On Monday morning Justice Elena Kagan joined Justice Ruth Bader Ginsburg’s dissent from the Supreme Court’s majority opinion in Epic Systems Corp. v. Lewis, which held that arbitration clauses in employment contracts that require employees to forgo class and collective actions are enforceable. On Monday evening Kagan spoke at the American Law Institute’s 95th annual meeting with a fellow former solicitor general, Paul Clement – the attorney who argued for the winning side in that case. As Justic...
Tags: Featured, Supreme Court, Law, Obama, United States, Citizens United, Naacp, Ruth Bader Ginsburg, Paul Clement, Gore, Trump, Marshall, Bush, Harvard Law School, Antonin Scalia, United States of America

The Morning Watch: ‘Black Panther’ Edition – How It Should Have Ended, Honest Trailer & VFX Breakdown

The Morning Watch is a recurring feature that highlights a handful of noteworthy videos from around the web. They could be video essays, fanmade productions, featurettes, short films, hilarious sketches, or just anything that has to do with our favorite movies and TV shows. In this edition, see what the folks at Honest Trailers have to say about Marvel’s box office giant Black Panther now that it’s out on home video. Plus, find out How Black Panther Should Have Ended instead of what we saw on t...
Tags: Movies, Hishe, Visual Effects, Lol, Honest Trailers, Marvel Studios, Black-Panther, Chadwick Boseman, Wakanda, Thurgood Marshall, Disney/Pixar, Video Of The Day, Method Studios, How It Should Have Ended, Killmonger, The Morning Watch

Jay Z Forced To Testify In SEC Stock Fraud Investigation

A New York federal judge has granted the Securities Exchange Commission’s demand to question rapper Jay-Z without a time limit next week as part of a major securities fraud investigation. “I do not intend to tolerate any further delay.” U.S. District Judge Paul Gardephe ordered the enforcement of the SEC’s subpoena to press Jay-Z in person on the details of his involvement with the Iconix Brand Group as part of the commission’s investigation into possible securities fraud. Cl...
Tags: Music, New York, Jay Z, Manhattan, Madonna, SEC, Jay, Music Business, Major Labels, Iconix, Bruce Houghton, Securities Exchange Commission, Iconix Brand Group, Spiro, Alex Spiro, Thurgood Marshall

Argument analysis: Travel ban seems likely to survive Supreme Court’s review

It has been nearly 15 months since President Donald Trump first issued an order that banned travel to the United States by nationals of seven countries, all of which have overwhelmingly Muslim populations. After lower courts blocked the government from enforcing both the original January 2017 order and a revised order that followed it in March 2017, Trump issued a new order last September. Today the Supreme Court heard oral argument on the legality of the September 2017 order, in one of the most...
Tags: Utah, Featured, Supreme Court, Law, Congress, Iraq, Israel, United States, Hawaii, Muslim, State Department, Yemen, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Francisco

A “view” from the courtroom: An audience of luminaries for the final argument of the term

It’s a warm but drizzly day in Washington as people line up for the last argument of October Term 2017. Some have spent a night or two in the public line, while the well-connected have tickets. Today, the latter will include one star of the Broadway stage, a few members of Congress and at least one senior White House official. The first familiar face we spot in the courtroom today is Scott Keller, the Texas solicitor general, who argued his state’s redistricting case yesterday and is the counsel...
Tags: Texas, Featured, Supreme Court, Law, Congress, Washington, France, White House, Israel, United States, Hawaii, House, Islam, Broadway, Sudan, Muslim