United States Supreme Court

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

As the U.S. Supreme Court has moved into an era of second-guessing federal administrative agencies to an extent that we have not seen in 80 years, it has delivered yet another blow to reliance on accurate facts. When I served as an administrative law judge for California’s state utility regulators, my job in each proceeding …


President Trump’s Supreme Court Nominee & Murr-murs of Behind-the-Scenes Supreme Court Intrigue

Will Trump’s Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?

In his wide-ranging, long-awaited and (to put it mildly) colorful press conference last week, President Trump promised to announce his nominee to the U.S. Supreme Court within two weeks of taking the oath of office.  On this pledge, at least, I believe him.  Indeed, I’ll be surprised if he waits that long. Senate Republicans refused to …


OT 2012 Supreme Court Scorecard

This Supreme Court Term features a number of environmental cases.  We’re now about three-quarters of the way through the Term, so I thought it might be helpful to update my earlier post about the Court’s environmental agenda.  I’ve also added links to postings about the cases.   My impression is that the Court is interested …


Bagenstos on the Health Care Case: Critical Reading for Environmental Lawyers

Sam Bagenstos at Michigan Law School has long distinguished himself as one of the most thoughtful constitutional doctrinalists in the country (and maybe the best disability scholar as well).  He is out with a new article in the Georgetown Law Journal concerning the Spending Clause implications of the health care case. Environmental lawyers and scholars should …


William Brennan, Bob Woodward, and the Ethical Duties of a Justice

Washington Post editor/reporter Bob Woodward is in a good amount of hot water, and deservedly so, for publicly insinuating that White House economic advisory Gene Sperling threatened him in a recent e-mail exchange.  As it turns out, when the exchange was revealed, Sperling was merely saying — in a very friendly way — that Woodward …