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Morning Docket: 12.28.22

Above The Law

The majority of the Supreme Court is once again shifting their interpretation of the law in order to support right-wing political objectives! More law schools are kicking USNWR rankings to the curb. We're now at 10 percent of law schools that say they will not participate in the ranking process.

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Ketanji Brown Jackson to Join SCOTUS as First Black Female Justice

Constitutional Law Reporter

Jackson, 51, also adds to the relative “youth” of the current Court, with Justice Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh also in their 50s. Jackson Brings Diversity to the Supreme Court. Like many of her peers on the Supreme Court, Jackson attended a prestigious law school, graduating from Harvard Law School in 1996.

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Race and College Admissions: The Supreme Court’s Train Whistle Docket Just Got a Lot Louder

JonathanTurley

To quote Ginsburg, with three justices previously voting against such race-based criteria and the three Trump appointees, “that’s about as solid as you can get” for a major reframing of the controlling case law. The court has spent decades issuing often conflicting and vague 5-4 rulings on the use of race in admissions.

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Georgetown Professor Denounces “Lawless” and “Actively Rogue” Justices, Lawyers, and Law Professors

JonathanTurley

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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Greater than Holmes? The life and legacy of John Marshall Harlan

SCOTUSBlog

He is also a graduate of Columbia Law School. In the end, though, a large part of the story turned on the question of just what it was that enabled Harlan to see the law so differently from his peers. Harlan also joined a unanimous court in 1889 in rejecting a challenge to the Chinese Exclusion Act. The back story.

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“I Do Solemnly Swear”: Biden Calls tor Extending the Eviction Moratorium Despite Being Unconstitutional

JonathanTurley

However, he then said it was worth extending the moratorium because it would take time for a court to intervene and, in the interim, they could rush out money to renters despite the lack of constitutional authority to do so. Like many, I was mystified by the Supreme Court decision not to strike down the moratorium.

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Trump’s Surprise Witness: Rep. Waters Becomes A Possible Witness Against Her Own Lawsuit

JonathanTurley

Moreover, they would fail under a lower standard of proof than the “beyond a reasonable doubt” standard in criminal law. Richard Ashby Wilson, associate law school dean at the University of Connecticut, said “Trump crossed the Rubicon and incited a mob to attack the U.S. Trump’s Jan. If we don’t, we cannot go away.”.