Courts (page 6)

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    Biden likely to swing the 9th Circuit back to the left

    Nicholas Rowan of the Washington Examiner reports on one likely consequence of Joe Biden’s election as president. Former President Donald Trump consistently pulled rightward the West Coast’s most powerful federal court through his appointments. Now, as President Biden eyes the judiciary, he will have the chance to swing…
    Mitch Kokai, February 17, 2021
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    New Carolina Journal Online features

    Andrew Dunn reports for Carolina Journal Online on N.C. House and Senate differences on a school reopening bill. The latest CJ Opinion highlights the constitutional significance of Paul Newby’s first written opinion as N.C. Supreme Court chief justice.
    Mitch Kokai, February 16, 2021
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    Guess who will co-chair President Biden’s commission to review the federal courts

    Candidate Joe Biden told CBS News he would appoint a commission to look at the federal court system because they are ‘out of whack.’ He said it wasn’t about court packing, but other things. Now that commission is being assembled, according to politico.com. Will it be partisan in…
    Donna Martinez, February 15, 2021
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    Retiring judges give Biden chance to make his mark

    Nicholas Rowan of the Washington Examiner highlights one potential long-lasting legacy of a Biden presidential administration. President Biden will have a chance to rework the federal judiciary as an increasing number of judges retire from the bench. A spate of judges has moved to senior status since Biden…
    Mitch Kokai, February 10, 2021
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    Supreme Court’s division on lockdowns causes concern

    Scott Street writes for the Federalist about potential implications of a recent U.S. Supreme Court decision. Like numerous judges across the country for the past year, some justices on the U.S. Supreme Court appear unable to put aside their political views and question the legality of lockdown orders.
    Mitch Kokai, February 9, 2021
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    Biden team boosts prospects for ‘sue and settle’ collusion

    Zhonette Brown writes for National Review Online about a dubious legal strategy that’s likely to see a resurgence in the Biden administration. President Biden early on is touting his insistence on “ethics” from cabinet nominees and professional staff, and who can argue with that? But it will take…
    Mitch Kokai, February 9, 2021
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    Forest’s win in longstanding election legal battle helps clarify ‘standing’ rule

    More than a month after leaving public office, former N.C. Lt. Gov. Dan Forest has secured a win in a long-running legal battle with a state employee political group. But the case’s significance could extend far beyond a single dispute over an old election. The N.C. Supreme Court affirmed today…
    Mitch Kokai, February 5, 2021
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    Supreme Court history lesson on protests and sedition

    Hadley Arkes reminds Federalist readers of the U.S. Supreme Court’s past consideration of protests and sedition. The truth that dare not speak its name these days is that, with one or two notable exceptions, the ever-praised “demonstration” has always contained in its inner logic the premise—and the threat—that…
    Mitch Kokai, February 3, 2021