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Separation of Powers

October 28, 2020

Court packing explained

With the passing of Supreme Court Justice Ruth Bader Ginsburg just a few weeks before the 2020 presidential election, followed swiftly by the nomination and confirmation of Amy Coney Barrett as the Court's ninth justice, court packing is experiencing a revival in the national conversation. But what exactly is "court packing"? What does the Constitu ...

October 21, 2020

The risk the administrative state poses to bird owners

The United States Department of Agriculture (USDA) is contemplating issuing new rules regulating the health and safety of birds kept as pets. This rule-making is the result of a lawsuit brought by several animal rights groups that sued the USDA by arguing that it had failed to issue regulations required by the Animal Welfare Act. ...

October 16, 2020

City Journal: Liberty, in Sickness and in Health

In the pandemic's early days, the American judiciary largely gave governors wide leeway in issuing unprecedented business-closure and stay-at-home orders in order to dampen the spread of the disease. More recently, some judges, concerned by the scope and duration of those orders, have taken steps to enforce constitutional limits on executive power. ...

October 06, 2020

The Detroit News: How a Supreme Court with eight justices works

The passing of Justice Ruth Bader Ginsburg just weeks before the start of the Supreme Court's 2020-21 term has left many wondering: What happens when there's an eight-member court? We don't have to look back far to find the answer. The court soldiered on from February 2016 until April 2017 with eight justices after the ...

September 30, 2020

Is eight enough? How the Supreme Court functions with only eight justices

In light of Justice Ruth Bader Ginsburg's recent passing, the U.S. Supreme Court will be without a full complement of judges for the third time in the past decade—first, when Justice Antonin Scalia passed unexpectedly in 2016, next when Justice Anthony Kennedy retired, and now this time. How does the Court work when a judge ...

September 23, 2020

PLF’s defense of liberty at the Supreme Court will continue

Much has been said and written over the past week regarding the recent death of Justice Ruth Bader Ginsburg. Her personal story of perseverance and her role as a trailblazing attorney and jurist inspired many across the nation—and not just in the legal profession. After reflecting on Justice Ginsburg's tenure on the Court, her passing ...