Monday, May 16, 2022

Criticizing the appellate courts

"Open fire!"

Today's DJ has a pair of critical, powerful articles: First, the Moskovitz on Appeal column has Biting the hand that feeds me. Part 3: The appearance of justice, making a strong case for releasing tentative opinions before oral argument, both to increase effective oral argument and to foster the appearance of justice. Second, Jon Eisenberg has Calling Out the Chief Justice, asserting that "The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd District." Also in today's DJ see Dan Lifschitz's When dogs catch cars: The conservative undoing of stare decisis.

On Friday, Law360 had Supreme Court Ethics Bill Faces Tough Path In Congress: "A push to reform U.S. Supreme Court ethics and recusal standards earned a significant win Wednesday as the House Judiciary Committee advanced legislation that would require the justices to adopt an ethics code, but opposition from Republicans suggests the bill faces a steep climb through Congress."

From CLA's Litigation Section: The May 2022 issue of Litigation Update is now online, keeping you up to date on current case law.