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The Latest Breaking News from David Souter

Today in Supreme Court History: August 17, 1988

8/17/1988: Republican party nominates George H.W. Bush for President. He would appoint David Souter and Clarence Thomas to the Supreme Court.

Reason

The Way To A Circuit Court Nomination Is To Lose A Landmark Supreme Court Case

President Biden nominated the non-prevailing attorneys in Dobbs and SFFA to the First and Fourth Circuits, respectively.

Reason

A Jumble of Legal Theories Failed To Give Trump 'Fair Notice' of the New York Charges Against Him

The lack of a clear rationale for charging Trump with 34 felonies raises a due process issue that is likely to figure in his appeals.

Reason

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Today in Supreme Court History: August 17, 1988

8/17/1988: Republican party nominates George H.W. Bush for President. He would appoint David Souter and Clarence Thomas to the Supreme Court.

Reason

How the Supreme Court's conservative majority came to be

The 6-3 majority was solidified in former President Donald Trump's term, but its roots go back to the Bushes and the political circumstances of 1991 and 2005.

WEKU

Noah Feldman: The Supreme Court just stood up for electoral democracy

In a 6-3 decision, the U.S. Supreme Court firmly rejected the so-called independent state legislature theory. This bizarre theory would have allowed renegade legislators to violate their state constitutions in setting rules for federal elections — allowing them to hijack elections for U.S. Congress and even the presidency.

Tribune News Service

Roaming Polansky and the Constitutionality of Qui Tam

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

Reason

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"Appeasement"? Or, Avoiding Error?

Justice Breyer did not always vote with the Court’s strict-separationist justices. Good for him.

Reason

An unsung hero of our Supreme Court

Retired justice David Souter, who turned 83 a few days ago, exemplifies the kind of humility and grace that receives scant attention in our celebrity-driven, 24/7 news-cycle world.

Chicago Sun-Times

Today in Supreme Court History: August 17, 1988

8/17/1988: Republican party nominates George H.W. Bush for President. He would appoint David Souter and Clarence Thomas to the Supreme Court.

Reason

Noah Feldman: There's a lot of Harvard and Yale on the Supreme Court. And that's OK

Eight of the nine Supreme Court justices went to Harvard or Yale law schools. So did nearly a fifth of the federal judiciary. This rankles some politicians, watchdog groups and others who see it as an outrageous manifestation of elitism that needs to be changed, given how much power this…

Tribune News Service

New in Newsweek: Dobbs "nullified Justice Souter's linkage of stare decisis and legitimacy"

"A new generation of law students, lawyers, and judges must internalize the Dobbs conception of "legitimacy."

Reason

Noah Feldman: Threat to Kavanaugh will irrevocably change justices' lives

The arrest of an armed man outside the home of Justice Brett Kavanaugh marks a significant milestone in the history of the U.S. Supreme Court.

Tribune News Service

No Joan Biskupic, Justice Thomas Did Not Take A "Surprising, Public Jab" At Chief Justice Roberts

Justice Thomas waxed nostalgically about the Rehnquist Court. He did not blame Roberts for the change.

Reason

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The Independent UK

Justices to meet for 1st time since leak of draft Roe ruling

The Supreme Court’s nine justices will gather in private Thursday for their first scheduled meeting since the leak of a draft opinion that would overrule Roe v

The Independent UK

For Supreme Court justices, secrecy is part of the job

Supreme Court justices have long prized confidentiality

The Philadelphia Inquirer

Thirty years ago, the Supreme Court nearly struck down Roe v. Wade in a Pennsylvania case. The justices chose another way

PHILADELPHIA — It was months before a pivotal national election. A strong conservative majority had been cemented on the U.S. Supreme Court, and legislators in one state had passed a law restricting abortion access that they hoped, through the court challenges that followed, would become the vehicle for overturning Roe…

Roll Call

Draft leak a 'shocking change' for typically airtight Supreme Court - Roll Call

The leak of a draft Supreme Court opinion on abortion rights started Washington’s greatest whodunnit in decades.

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