I’m Still Standing

What ingredients come to mind when you think of cases before the Supreme Court? One might opine controversial issues or high stakes litigation. At a case level one might say circuit splits or elite attorneys. Still, there are more elementary components of litigation mentioned in Article III and they start with a case or controversy. …

The Strength of Precedent is in the Justices’ Actions, Not Words

During his Supreme Court confirmation hearings in 2005, now Chief Justice Roberts exposited, “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…