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To further discern the justices' ideological leanings, researchers have carefully analyzed the judicial rulings of the Supreme Court—the votes and written opinions of the justices—as well as their upbringing, their political party affiliation, their speeches, their political contributions before appointment, editorials written about them at the time of their Senate confirmation, the ...
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily ...
"Strict constructionism" is also used in American political discourse as an umbrella term for conservative legal philosophies, which tend to be more willing to strike down federal laws and regulations for exceeding the authorities given to them by the constitution. One example of this is the major questions doctrine. The major questions ...
Political jurisprudence is a legal theory that some judicial decisions are best understood as part of a political process, with judges operating as political actors.That is, judges are sometimes influenced by public opinion, political activists, and government officials, and their work can be understood as a way of legitimizing and institutionalizing the preferences of these political actors.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Each Supreme Court justice hires several law clerks to review petitions for writ of certiorari, research them, prepare bench memorandums, and draft opinions. Associate justices are allowed four clerks. The chief justice is allowed five clerks, but Chief Justice Rehnquist hired only three per year, and Chief Justice Roberts usually hires only ...
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. [1] It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. [2]
In 1988, prior to serving as a Justice of the Supreme Court, Ruth Bader Ginsburg wrote: "Generalizations about the way women or men are – my life experience bears out – cannot guide me reliably in making decisions about particular individuals. At least in the law, I have found no natural superiority or deficiency in either sex.