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As this year’s set of columns ends, then, we wanted to leave you with a brief rundown of the cases to keep watching: those that are still outstanding, and might be interesting pieces of reading come... Read More »

With the Court asking for an opinion, the government will be forced to pick a side, which could have a broader policy impact for federal drug enforcement across the nation. Read More »

It is remarkable how simple language can quickly become ambiguous, and it highlights the vital importance of well-reasoned court decisions interpreting statutes. Read More »

GVRs are increasingly being issued in cases in which there is no intervening Supreme Court opinion that would affect the lower court’s decision, which has occasioned Justice Scalia’s and Justice... Read More »

In many ways, the ability to confess error is the highest level of prosecutorial discretion, and a concrete example of the SG’s mandate to ensure that justice is done. It is a rare enough thing to... Read More »

Like many legal debates, this one reflects changing social ideas about what race, structural inequality, and discrimination mean, and how they are best addressed. Answers to those questions won’t... Read More »

There aren’t easy answers in this arena. But a good start might be to separate the publishing decision from those who actually write the opinion. Doing so could remove the (real or perceived)... Read More »

This case requires that they balance their own notions of judicial integrity and impartiality against the on-the-ground reality of the judicial elections, which they have never experienced. How they... Read More »