Creating precedent for the law The term “legislating from the bench” is frequently used but rarely explained. In the 2008 presidential debates Sen. John McCain (R-Ariz.) promised he would not appoint judges who legislate from the bench. But as Bruce Peabody, author of Legislating from the Bench, a Definition and a Defense, told the HPR, “I don’t think we can ... Read More
A changing legal landscape In American history civil rights issues have often found their footing in the high courts. Decisions such as the recent Supreme Judicial Court of Massachusetts’ ruling legalizing same-sex marriage in Goodrige v. Department of Public Health exemplify the courts’ ability to swiftly expand civil rights. However Proposition 8 in California, which amended the state’s constitution to ... Read More
Roberts, Kennedy, and Collegiality on the Supreme Court During the summer of 2006, Chief Justice John Roberts spoke publicly about the need for greater unity on the nation’s highest court. In a commencement address at Georgetown Law School, he urged that “unanimity, or near-unanimity” would yield “clarity and guidance” for lawyers and lower courts trying to understand the Supreme Court’s ... Read More
How the D.C. Circuit Court shaped the war on terror We have assumed, as we must, that the allegations made in the Government’s charge against Hamdan are true…But in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction.” So concluded Justice John Paul ... Read More
