“The simple answer is yes, I think it will help,” Berman said.
As the Senate Judiciary Committee begins the confirmation hearing for William Barr, Professor Peter Shane discusses the role of an attorney general and their relationship to executive power.
“I feel like the government is probably being reactive,” Simmons said.
“That doesn’t mean we ought not be more consistent,” Berman said. “But as we worry about disparity, I think it’s especially important to remember that that disparity has generally been driven by judges aspiring to be more lenient than what are indisputably overly severe guidelines.”
“There’s sometimes a knee-jerk reaction where you think any kind of divestment for, say, fossil fuels, is just about politics,” Rose said. “In reality, it might be because they are looking long-term and see things are changing and they don’t want to be holding on to those assets.”
“The interpretive approach of Justice Department lawyers to the Constitution is very important because many separation-of-powers issues never wind up in court,” Shane said. “Barr’s method is not uniquely his, but it does represent a particularly aggressive school of executive power thought.”
“Simply put, the way we currently elect presidents would horrify the early American authors of the U.S. electoral system, as defined in the 12th Amendment,” Foley writes.
“If we think that disparity is a problem that needs to be remedied, we need to get the guidelines set in a way that garners more respect and makes judges more inclined to follow them,” Berman said.
“When you’ve got a political system in which there’s virtually no bipartisan compromise, partisan gerrymandering really means that people who are affiliated with the minority party have zero power,” Tokaji said.
“By representing kids who have been victimized, we’re giving them a voice they haven’t had before,” Jordan said. “They know they have somebody on their side fighting for them and arguing for what they want to happen in their lives, to try to move forward into adulthood.”
“Uncertainty as to the future of the Russia investigation will surely not abate amid the president’s Twitter storms,” Shane writes.
“In a world where marijuana is illegal for all purposes, any presence of the drug at any level is itself a crime,” Berman said. “So most states have set driving levels low.”