September 14, 2016

NOW ON SSRN: My paper for the Cato Supreme Court Review on the Supreme Court’s next term. I discuss leading cases pending, some cases not taken (like the New York / Connecticut gun-control laws), the possibly-disastrous effect of Ruth Bader Ginsburg’s comments on Donald Trump should there be a disputed election result, and the diminishing role of the Supreme Court in relation to lower courts. Download it early and often!

Here’s an excerpt from my Ginsburg/Trump discussion:

The comments were injudicious, and though they are unlikely to become relevant in the coming term, should they in fact matter – because of a contested election, with the nation closely divided – her recusal, or worse, her refusal to recuse herself, would undoubtedly have explosive results, both for the nation and for the Court itself, an institution that depends on public regard and that has been growing less popular already in recent years. The comments are an iceberg that most likely will never meet its Titanic, but worth noting here because, should that meeting come to pass, the results would surely be the most significant event of the coming term.

Looking somewhat more likely now than last month. And thanks for your downloads — who knows, maybe this piece will make the Top Ten list, too! (Bumped).

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