Chief Justice John Roberts’ characterization of the leaking of the draft decision on abortion as a “singular and egregious breach” of trust puts a fine point on the tenor of our times. In March, Senate hearings that confirmed Ketanji Brown Jackson to the nation’s highest court in anticipation of shaping such decisions underscored the fact that, whatever the intentions of the …
This is a bonus installment in a Governing series on the history of the U.S. Supreme Court, following the U.S. Senate’s historic confirmation of Ketanji Brown Jackson on April 7. The first four essays in the series examined “Myths of the U.S. Supreme Court,” “Why Supreme Court Nominations Sometimes Fail,” “Dangerous Trends on the Supreme Court” and “Life Tenure on the Supreme Court: …
This is the fourth and final installment in a Governing series in a historical look at the U.S. Supreme Court to coincide with nominee Ketanji Brown Jackson’s confirmation process, which continues this week before the Senate Judiciary Committee. President Biden’s nomination of Judge Ketanji Brown Jackson to fill the seat vacated by the retirement of Associate Justice Stephen Breyer seems likely to win confirmation this spring by the …
This is the third in a Governing series on a historical look at the Supreme Court to coincide with nominee Ketanji Brown Jackson’s confirmation process, which continued this week before the Senate Judiciary Committee. With hearings under way to fill an opening on the U.S. Supreme Court, it may be useful to look back on the history of court appointments. “Appointments,” Thomas Jefferson said, “and disappointments.” Since 1789, 115 …
In 1958, President Dwight David Eisenhower is reported to have said, “I made two mistakes and both of them are sitting on the Supreme Court.” The story may be apocryphal, but it continues to be widely quoted because it so perfectly expresses presidential exasperation with the behavior of U.S. Supreme Court appointees once they are confirmed by the U.S. Senate. …
I spent more time on my fantasy football picks than the Senate has on Brett Kavanaugh. No matter how it turns out, I’ll have another chance next year. But the Supreme Court is for keeps. If the 53-year-old nominee serves to the age of 90 like Oliver Wendall Holmes Jr. did, he’ll reign until 2055. Ruth Bader Ginsburg will be …
I began blogging a couple of years ago, in the aftermath of the Brock Turner sentence. Turner was the 19-year-old Stanford student who drunkenly raped a fellow student and received a ridiculously short jail sentence. I wrote about my own experience as a rape survivor and talked about how there is not a “type” of victim, but there is only …