Steve Vladeck

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6 October

Steve VladeckKorrents 6 Oct

From one piece 256. So Unexplained: Justice Alito’s Non-Responsive Emergency Docket Defense 2 beliefs, in the piece's order there

korrents.com
The proliferation of thinly explained precedential rulings in high-profile cases makes it harder for the Court to earn diffuse public acceptance that its rulings are principled.

Their words

for a Court whose authority depends on diffuse public acceptance that its rulings are principled (if not of the principles themselves), the proliferation of thinly explained precedential rulings in high-profile cases has made it that much harder for that support to be earned.

stevevladeck.com
korrents.com
The Supreme Court's emergency docket behavior appears to be motivated more by the political preferences of a majority of the justices than by the faithful application of neutral legal principles.

Their words

the Court was also behaving inconsistently, so that it appeared that its rulings were motivated more by the political preferences of a majority of the justices than by the faithful application of neutral legal principles.

stevevladeck.com

28 September

Steve VladeckKorrents 28 Sept

From one piece 253. Introducing “The Court We Need” 3 beliefs, in the piece's order there

korrents.com
The Supreme Court's recent trend of filing opinions for emergency relief is a positive development.

Their words

And insofar as the Court really is committed to filing opinions of the Court in (almost) every case in which it grants emergency relief, that strikes me as an unequivocally positive development, and one for which the justices should be commended.

253. Introducing “The Court We Need”stevevladeck.com
korrents.com
Expanding the Supreme Court would be a partisan use of power that would decrease public support for the institution.

politics

Their words

Expanding the Court would be seen unequivocally for what it is-partisan political power being used for partisan political purposes, which does precisely nothing for the diffuse public support that is the actual source of the Court's power.

253. Introducing “The Court We Need”stevevladeck.com
korrents.com
The real problem with the current Supreme Court is its lack of accountability to other branches of government.

government

Their words

In a nutshell, the book argues that the real problem with today's Court is that it has become unaccountable to any other institution of government-free to do just about whatever it wants, whenever it wants.

253. Introducing “The Court We Need”stevevladeck.com

21 September

Steve VladeckKorrents 21 Sept

From one piece 251. Newsgathering, the First Amendment, and the White House 2 beliefs, in the piece's order there

korrents.com
A world where the President can exclude outlets based on their reporting would allow any president to create a press corps of government sycophants.

government

Their words

Whatever folks think about the three outlets Trump singled out here (and remember that I'm a CNN analyst), a world in which the President can categorically exclude any outlet from the White House solely because he dislikes their reporting is one in which any president can construct a press room full of sycophants and other sympathetic mouthpieces for the government's policies.

stevevladeck.com
korrents.com
The President's exclusion of specific outlets from the White House based on viewpoint is a violation of existing legal precedents.

Their words

Whatever other leeway the executive branch may have to restrict press access on national security grounds, hand-picking three outlets to exclude from what the Court's jurisprudence calls a "nonpublic forum" because of the President's disagreement with the putative viewpoint of their reporting is about as close to a textbook violation of the existing precedents as it comes.

stevevladeck.com

14 September

Steve VladeckKorrents 14 Sept

From one piece 249. The Language of Supreme Court Stays 3 beliefs, in the piece's order there

korrents.com
The briefing in the mail-in ballots case makes it clear that the application should be denied.

Their words

My own view is that the briefing has made it even more abundantly clear why that application should be denied-and that some pretty ugly things could result if it's granted.

249. The Language of Supreme Court Staysstevevladeck.com
korrents.com
The Supreme Court's failure to explain its rulings is a problem.

Their words

I'm not sure how many times I need to say it before people believe I mean it, but it's always a problem when the Court doesn't explain these rulings, even (if not especially) in the rare but non-zero instances in which I think that there are good explanations for them.

249. The Language of Supreme Court Staysstevevladeck.com
korrents.com
The Supreme Court's use of boilerplate language in stays means the ruling is frozen until the Court acts conclusively on the full appeal.

America

Their words

But despite variations in their text, they all basically mean the same thing: the ruling at issue is frozen (i.e., it cannot be enforced) until and unless the U.S. Supreme Court acts conclusively on the full appeal-no matter what happens in the lower courts in the interim.

249. The Language of Supreme Court Staysstevevladeck.com

31 August

Steve VladeckKorrents 31 Aug

From one piece 247. Should Purcell Apply to the Federal Government? 2 beliefs, in the piece's order there

korrents.com
Applying the Purcell principle to the federal government would leave voters without any judicial remedy for last-minute federal election interventions.

government

Their words

Applying Purcell to the federal government would close the doors of every courthouse, leaving voters without any remedy for even the most nefarious, malicious, or otherwise blatantly unlawful last-minute federal interventions in elections.

stevevladeck.com
korrents.com
The Purcell principle should not apply when the federal government is the defendant.

government

Their words

there are two independent reasons why Purcell ought never to apply when the federal government is the defendant-and a third reason, for those unpersuaded by the first two, why it ought not to apply in the mail-in ballots cases specifically.

stevevladeck.com

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