In the Supreme Court’s first decision of the term, Hamer v. Neighborhood Housing Services of Chicago, Justice Ruth Bader Ginsburg cited language from the court’s 2010 decision in Magwood v. Patterson stipulating that “[w]e cannot replace the actual text with speculation as to Congress’ intent.” Indeed, as Justice Elena Kagan wrote in the 2015 decision Ross…
Tag: National Association of Manufacturers v. Department of Defense
Major Players in the Lower Courts
Cases’ contours are primarily defined by the time they reach the Supreme Court. These contours take shape through litigation in lower courts. In the lower courts, judges make decisions that are by and large upheld as they are generally are left untouched. Even if appeals courts wanted to take a larger role in the universe…
Empirical SCOTUS 