Law professor,Baude also makes what I consider a strong case that virtual briefing promotes transparency because it takes place in the open, unlike “some of the older methods of influencing the Court outside of the briefs, such as the President’s having private chats with the Justices, or fancy law professors’ indoctrinating their students and then trying to slip the most loyal ones into clerkships.” (I think Baude’s right on this point. If the Supreme Court weren’t a bit queasy about blogs, tweets and podcasts, why not cite them?
The United States Supreme Court is the highest federal court of the United States.Established pursuant to Article Three of the United States Constitution in 1789, it has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and state court cases involving issues of federal law plus original jurisdiction over a small range of cases.
The point of publishing the paper as a draft, Fisher said, was to ask people to pause and think about the impact of virtual briefing before it’s too late to do anything about it.“We’re crowdsourcing the piece,” Larsen said, “in an ironic turn.”,All quotes delayed a minimum of 15 minutes. “There is a feeling perhaps — reflected in the citation practices — that it is improper to use the product of virtual briefing as actual authorities in Supreme Court opinions,” Larsen and Fisher wrote.That lack of transparency is one of the professors’ big concerns about the rise of virtual briefing. But I also think the justices ought to admit in citations when they’ve adopted an argument they first saw in a blog post. “Nerds gotta nerd, etc.”.Fisher and Larsen told me they’re paying close attention to the paper’s response. Though none of the parties’ briefs mentioned the “broccoli horrible,” as the paper describes the argument, Justice Antonin Scalia picked up on it and asked about it during oral arguments.Similarly, in the litigation challenging the Defense of Marriage Act, it was blogging law professors – rather than advocates in the case – who pushed the argument that the federal law impinged on states’ rights. What explains the broader trend of declining presidential win rates in the Supreme Court? “They are fleshed out and explored in blog posts; the advocates are invited to elaborate on popular podcasts (sometimes even just days after their oral argument); and the justices’ musings are then analyzed and re-analyzed publicly and by a wide variety of players at the very same time the law clerks are writing bench memos and the Justices are making their decisions.”,How influential is this “virtual briefing”?
"Ruth Bader Ginsburg was a giant of the Supreme Court. See. “President Trump’s nominee will receive a vote on the floor of the United States Senate.”,The president has since seized on McConnell’s promise, urging Republicans to swiftly confirm a nominee to the Supreme Court “without delay.”.Both the Trump and Biden campaigns have built massive legal teams, bracing for the possibility of a protracted legal battle in the event of a contested election.The Biden campaign told Fox News on Monday that over the past several months they have created the largest election protection program in presidential campaign history, involving integrated legal, communications and political strategies for what they anticipate to be an unprecedented.The strategies, according to the campaign, are being directed to support election jurisdictions in preparing for and administering the vote under what they call “extraordinary conditions” this cycle, voter education to raise awareness of options for in-person and mail-in voting, aggressive responses to vote suppression activities, and robust programs for identifying and countering foreign interference and misinformation from foreign or domestic sources.Meanwhile, Trump’s reelection campaign, also bracing for the possibility of a protracted legal battle, formed what it has called “Lawyers for Trump,” a coalition to “protect the integrity” of November’s vote.Trump campaign general counsel Matthew Morgan told Fox News earlier this month that the campaign is urging active and retired attorneys, and even law students, to volunteer in their nationwide efforts.“Democrats are working to shred election integrity measures one state at a time, and there’s no question they’ll continue their shenanigans from now to November and beyond,” Morgan told Fox News. And in last year’s case of the baker who refused to make a wedding cake for a gay couple, Justice.The professors told me the justices’ reticence about outside influences is telling.
Instead, Fisher and Larsen propose a way to bring online commentary and podcasts “into the fold of traditional briefing.” When justices learn of intriguing arguments by outside commentators, the paper said, they can call for supplemental briefing from the parties or appoint an amicus to advocate the position.In our interview, Fisher suggested the Supreme Court could even host a site for public comments on cases, like an administrative agency receiving comments on proposed rule changes. I shudder to think of the kinds of commentary the court might receive on controversial cases, but it’s certainly an intriguing thought.As I mentioned, the paper has provoked some disagreement. One could argue, as Fisher and Larsen point out, that adding a wider variety of voices to the debate of consequential legal issues will enhance the court’s decisionmaking. “I think we risk a constitutional crisis if we do not have a 9-justice Supreme Court, particularly when there is such a risk of contested litigation and a contested election.”.Cruz warned that if the Ginsburg vacancy is not filled, the legal battle could go on “for weeks and months.” That is, of course, if there is no clear winner.“We have a responsibility and a responsibility to do our jobs,” Cruz said. Debate over those concerns is escalating as the campaigns of.Sen. ... and an even worse misunderstanding of the Supreme Court’s decision in … In 1998, 2004 and again in 2017, she visited Hawaii to serve as the US Supreme Court Jurist-in-Residence at the University of Hawaii’s Richardson School of Law.
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