Blog

  • In justice-picking, as with health care, financial regulation, or energy policy reforms, real-politik requires a fine balance.

    May 8, 2010
  • If you’re worried about what ‘Citizens United’ will do to congressional races, just wait until you see what it does to the justice system.

    April 3, 2010
  • Depoliticizing the bench: Challenges to nonpartisan judicial selection methods in Arizona, plus a suit to separate the Judiciary from the Legislature in South Carolina.

    February 12, 2010
  • "I'm just dumbfounded," stammered Justice Ann Walsh Bradley of the Supreme Court of Wisconsin. This was Thursday, January 21, the same day the U.S. Supreme Court issued its long-anticipated ruling in Citizens United, which easily eclipsed the unfolding drama in Wisconsin. Justice Bradley's words were in response to the state court's anguished position on the recusal of high court judges, a position that's brought only disappointment since October 2009.

    January 26, 2010
  • Is it a constitutional problem if a judge presides over the case of a corporate CEO who spent three million dollars to elect the judge in question? The Supreme Court faced just this question last term...Now, less than a year later, the Supreme Court is poised to open the floodgates to a volume of corporate spending in judicial elections that could make three million dollars look like a drop in the bucket.

    January 19, 2010
  • Threats to our democracy in 2009 (moving into 2010); and 2009's successes/accomplishments: an editorial.

    December 28, 2009
  • American legal talent comes in all shapes and sizes--which is why we should worry about our homogeneous federal bench. During the nomination process of Sonia Sotomayor, the press focused largely on the gender and racial diversity that she brought to the bench....

    October 28, 2009
  • Advocates, jurists, and court watchers across the country have been warning us that judicial independence is in peril, what with unprecedented spending on statewide elections and continued concerns about recusal. Under the circumstances, every victory for judicial independence merits celebration -- whether that victory is a new reform or, as is the recent case in Alaska, an affirmation that a good system works well and should remain in place.

    September 17, 2009
  • With Justice Elizabeth Weaver leading the charge, the Michigan Supreme Court is poised to codify new standards for how and when judges must recuse themselves. As it stands now in Michigan, when a party to a case files a motion requesting that a judge disqualify himself due to aconflict of interest, that very judge can deny the motion (refusing to recuse himself) without having to explain why.

    July 31, 2009
  • Texas Chief Justice Tom Phillips, Linda Greenhouse writes, "suggests that very little will come of Caperton in the end." Greenhouse's analysis, which she attributes to Phillips' views, fundamentally mischaracterizes them, and consequently misses the mark on Caperton's larger implications.

    June 25, 2009

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