Articles

How can courts fulfill their duty to interpret the law? Stop ceding their power to unelected bureaucrats

January 12, 2022 | By DUNCAN SCHROEDER

Under our constitutional system, which separates powers among the branches of government, it is the role of the courts to interpret the meaning of the law. But since the 1940s, some courts have abdicated this duty and disturbingly deferred to unelected bureaucrats’ interpretation of the law. When “judicial deference” occurs, and c ...

Articles

Justice Breyer thinks court packing is a bad idea. We agree.

September 30, 2021 | By DUNCAN SCHROEDER

During the tour to promote his new book, The Authority of the Court and the Peril of Politics, Supreme Court Justice Stephen Breyer voiced his opposition to court packing. In an interview with NPR, Breyer bashed the idea of Congress “packing” the Court with extra seats in an attempt to change the ideological direction of … ...

Articles

This Supreme Court term was filled with surprising unanimous rulings in hot-button cases

August 31, 2021 | By DUNCAN SCHROEDER

In the American Bar Association’s Preview magazine, Pacific Legal Foundation senior legal fellow Elizabeth Slattery authored a piece on the recently concluded Supreme Court term. In the article, she focuses on two major themes: First, the Court issued a multitude of rulings which were both unanimous and “narrow”; second, that the ...