Tag: judicial review
Hail, Caesar!—And Farewell
Caesars are back, big caesars and little caesars, in big countries and little countries, in advanced nations and developing nations. The world seems to be full of self-proclaimed strongmen strutting their stuff, or waiting in the wings and plotting a comeback after a humiliating fall. And we thought it couldn’t happen here. How can these uncouth figures with their funny hair, their rude manners, and their bad jokes take such a hold on the popular imagination? How can … Read more
Israel’s Judicial Reform and Protests
Israel in the past six months has felt like a madhouse, a political protest the size of New Jersey, an unending traffic jam, a lab for bad ideas, a glimpse of the future of Western democracy in the social-media age. It has also been a classroom, even for those of us who think we’re experts. I’ve lived and written here for nearly 30 years. But as I stood among thousands of other protesters outside the Knesset on Monday, the midday
Israel’s Netanyahu Mistakes Majoritarianism for Democracy
The Knesset’s passage of legislation yesterday to curtail the authority of Israel’s Supreme Court marks a new era for the state of Israel. The disjuncture comes not because of the legal implications alone, although they are substantial. Nor because of the economic, diplomatic, and security damage wrought in the short time since Prime Minister Benjamin Netanyahu returned to office, although it is considerable. Rather, the new era begins because of the damage that proceeding with the bill has done to
There Is Not an ‘Independent State Legislature’
The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.
In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections
The Numbers Are All Wrong in Oklahoma v. Castro-Huerta
This week, the Supreme Court will hear oral arguments in Oklahoma v. Castro-Huerta, a case that is seeking to limit the scope of a decision the Court made less than two years ago. In July 2020, the Supreme Court ruled in McGirt v. Oklahoma that Congress never annulled the Muscogee Nation reservation. After the McGirt ruling, an additional five reservations in the state were affirmed by lower courts—meaning that more than 40 percent of Oklahoma is now legally Indian
Executive Privilege Doesn’t Have to Be Lawless
In a decision late yesterday, the Supreme Court ruled that former President Donald Trump had no power to assert executive privilege to prevent the National Archives from turning over hundreds of pages of documents to the House committee investigating the events of January 6, 2021. The Court was right to do so; executive privilege permits a president to withhold information only when disclosure would harm the public interest. But Trump is not president, and thus has no authority to act
What Biden Must Do to Right the Wrongs of Guantánamo
Many Americans like to tell themselves a story about the choices the country makes in times of national crisis. We see our country’s policies as a pendulum. We may overreact at first, temporarily sacrificing principles and rights to meet the emergency at hand. But eventually the crisis recedes, and in restoring our commitment to foundational principles and the rule of law, we push the pendulum back toward equilibrium.
This story is comforting; it makes sense of America’s reactions to crises