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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

Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this summer. While Jackson’s confirmation will not shift the balance of the Court, it will make the Court more diverse and more reflective of the country. Jackson is also the Court’s sixth female justice.

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

JonathanTurley

Below is my column in the Hill on the Supreme Court accepting two cases dealing with racial preferences in college admissions. Here is the column: Last year, I wrote about the Supreme Court’strain whistle” docket with cases on abortion, guns, immigration, and other issues barreling down the track. Second, courts change.

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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

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. He is also a graduate of Columbia Law School. Harlan also joined a unanimous court in 1889 in rejecting a challenge to the Chinese Exclusion Act.

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

JonathanTurley

As I discussed yesterday , I was astonished by the remarks of President Joe Biden on his support for extending the eviction moratorium, which was found to be unconstitutional by lower courts. It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional.

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

JonathanTurley

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. Ohio , where the Supreme Court stressed that even “advocacy of the use of force or of law violation” is protected unless it is imminent. Trump’s Jan.