Dominic Cummings is right, says Professor James Alexander: the idea that civil servants are the 'guardians of the constitution' is pernicious in the extreme. But who then should play such a lofty role?

The post Who is the Guardian of the Constitution? appeared first on The Daily Sceptic.

 

Georgetown law Professor Steve Vladeck is one of the leading critics of the conservative majority on the Supreme Court. But in an insightful recent post on his substack, he outlines key reasons why "court expansion" is a bad response to its flaws. The cure is likely to be worse than the disease:

[I]t seems to me that those who are fully onboard the expansion-or-bust train should have to do more than simply assert that having four new Democratic appointees on the Court in 2029 would be a self-evidently "good" thing. If nothing else, proponents of expansion should have to answer the following four questions:

1. How do we avoid touching off a race to the bottom, where each time one party controls the House, Senate, and presidency, it expands the Court to ensure an ideologically and politically sympathetic majority?
2. If a race to the bottom is unavoidable, how do we avoid further (and potentially fatal) erosion of public confidence in the Court—which will quite transparently be little more than a lever of power for whichever party last had such a trifecta?
3. If eroding public confidence in the Court is a feature, and not a bug, how do we insulate against the same erosion of public confidence in lower federal courts?
4. What is the case for why expansion is a better way to achieve the desired reforms than alternatives that would (or, at least, should) avoid many of these forward-looking concerns?

He adds that court-packing could easily "permanently undermine judicial review as an institution." The rest of his piece (which is behind a paywall) offers far from reassuring answers to these questions.

I have offered similar criticisms of court-packing in a long series of articles and blog posts, most recently in a June Lawfare article  where I explained (among other things) why the Supreme Court's recent decision in Louisiana v. Callais doesn't justify packing, and in a July UnPopulist article critiquing a court-packing proposal advanced by Andy Craig. In these pieces, I explain why the Court's record of checking dangerous abuses of government power - though not without serious flaws - is considerably better than many critics claim. In addition, I argue that court-packing is likely to undermine effective judicial review - not only by the Supreme Court, but also by lower courts.

Like Vladeck, I think some of the issues that concern critics of the Court can be more effectively addressed in other ways. For example, in the Lawfare article, I explain how Congress can fix the flaws of the Callais decision by banning or restricting gerrymandering. It could also enact a binding ethics code for the justices. Justice Alito was wrong to suggest otherwise, back in 2023. That said, if your main goal is a sweeping reversal of much of the Court's recent jurisprudence, there may be no easy way to achieve that quickly without court-packing or something like it. I would argue that any benefits that might achieve are outweighed by the enormous costs of destroying judicial review.

In addition, if your objection to the Court's recent decisions is that they often don't do enough to constrain unconstitutional actions by other branches of government or by the states, court-packing is likely to make that problem worse, not better. Destroying judicial review won't enforce tighter constitutional constraints on the executive or bring back Roe v. Wade. To the contrary, it would largely destroy any hope of doing so.

In another recent piece, I assessed "non-packing" rationales for increasing the size of the Supreme Court. There, I argue that these rationales are mostly weak; and, to the extent they have merit, there are better ways to address them than an expansion that amounts to court-packing. I even outline possible ways to increase the size of the Court without creating an opportunity for court-packing (this would require allowing the party that doesn't hold the White House to pick some of the new justices).

The post Steve Vladeck's "Hard Questions About Court Expansion" appeared first on Reason Magazine.

On a recent episode of the Bulwark podcast, journalist Ron Brownstein described the election as a contest between “the wave versus the wall.” The wave being voter anger and President Donald Trump’s plummeting popularity. The wall being structural impediments to voters’ voices, such as gerrymanders and the Republican Party’s stark spending advantage. Now we know […]

The post Don’t let Musk and the billionaires buy America’s elections appeared first on Asia Times.

As one advocate warned India’s Supreme Court on Monday that “this country will burn” unless action is taken to stop what thousands of protesters have denounced as an illegal purge of voters by the head of the Election Commission of India, the court demanded accountability from Prime Minister Narendra Modi’s government. Chief Justice Surya Kant […]

The post Indian Supreme Court demands government answers on voter purge appeared first on Asia Times.

No one knows how the US Supreme Court will rule in Suncor v. Boulder, the case that will kick off the court’s fall term next week and will likely decide whether the city and county of Boulder, Colorado, will be able to put oil giants ExxonMobil and Suncor Energy on trial for deceiving the public for decades about the climate harms of fossil […]

The post Big Oil fears the evidence of its deliberate climate lies appeared first on Asia Times.

The US Supreme Court on Monday night rejected a bid by the Trump administration to keep onerous US Postal Service rules for mail-in ballots in place, which voting-rights defenders said risked depriving millions of people of the franchise in this year’s midterm elections.

After a back-and-forth legal battle over the USPS rules that dragged on for months, the nation’s highest court issued the 7-2 ruling without elaborating on its legal reasoning, though right-wing Justices Samuel Alito and Clarence Thomas issued dissents in favor of President Donald Trump’s side.

The ruling in USPS v. California was in response to a legal challenge brought by the League of Women’s Voters, the attorneys general of numerous states, and others who argued that newly-announced rules by the Postal Service regarding mail-in ballots, changes prompted by an executive order issued by Trump, would prevent people from having their ballots counted and cause chaos for those trying to administer this year’s elections.

A victory for democracy, a defeat for election deniers. https://t.co/MKjfKmgyTv

— David Crowley (@DavidCCrowley) September 15, 2026

In response to the ruling, the plaintiffs’ legal team said the decision was “a critical step to ensuring free and fair elections this November by maintaining access to mail voting for millions of eligible voters across the United States and lifting the dire threat that the Postal Service would disenfranchise them.”

“Mail voting is safe, secure, and reliable—and the Trump administration has presented no evidence to the contrary, as the courts have repeatedly recognized,” the statement continued. “We will remain vigilant in countering threats to free and fair elections and ensuring that every eligible voter is able to cast a ballot and have it count.”

“Today’s decision is a victory for our democracy and a powerful affirmation of the rule of law,” said California Attorney General Rob Bonta in a statement. “The stakes in this litigation could not have been higher.”

Virginia Kase Solomón, president and CEO of Common Cause, was among the other pro-democracy advocates who welcomed the decision.

“Today’s decision is a major win for the millions of everyday Americans who count on vote-by-mail—our seniors, service members, busy parents, rural voters, and voters with disabilities,” said Solomón in a statement. “Vote-by-mail is safe, proven, and vital; even the president uses it. This executive order was a blatant power grab designed to silence voters and undermine our elections, but it failed because the people and the law were on our side. Our Constitution is clear: states run our elections, and voters choose their leaders—not the other way around. No administration can strip the people of their power.”

Michael McNulty, senior policy director for Issue One, a nonpartisan group that works to defend free and fair elections, also welcomed the ruling, but said vigilance would still be necessary going forward.

“The fight to preserve states’ authority to administer elections is far from over,” warned McNulty.

“President Trump continuously and falsely claims fraud in mail-in voting without evidence,” he added. “Despite voting multiple times with this method, he remains obsessed with centralizing control over elections to tilt the playing field. However, for now, one piece of that centralization effort is blocked, and it ensures that mail-in voting for the midterms won’t be disrupted.”

Earlier this year, the US Supreme Court heard an appeal from death row inmate Terry Pitchford, who was denied relief by the Mississippi Supreme Court after his attorneys claimed Black people were illegally struck from his jury. Investigative reporter Hannah McAlilly delves into the case, and into the wider problem of racial prejudice in the selection of juries in Mississippi:

A prosecutor struck a Black woman for having “red dyed hair” and in another, a prosecutor struck a Black man because he had “a ponytail, a sort of strange hair design.” That prosecutor told the judge he was concerned the juror might identify too closely with the defendant, who also was of a similar age. “Both have unusual hair styles,” the prosecutor said. 

Prosecutors struck Black jurors who, they said, seemed angry, irritated or inattentive. A Black woman was struck because the prosecutor didn’t like her “vibe.” Another, who worked a night shift before showing up to jury selection, was struck for being “fidgety” and looking “angry.” Another was struck because she “frowned a lot.” 

Dr. Uzma Khan sought an urgent hearing of her contempt petition over the government’s decision to transfer the PTI founder to PIMS instead of Shifa International Hospital.

The post Supreme court rejects early hearing in PTI founder’s hospital case appeared first on BOL News.