• Heritage Action
  • More

Lower Courts

Our Research & Offerings on Lower Courts
  • Commentary posted July 30, 2014 by Hans A. von Spakovsky, Elizabeth Slattery Obama Administration Turns to “Hand-Packed” Court

    When it comes to defending Obamacare subsidies, the Justice Department appears none too eager to take its case to the Supreme Court. Instead, the administration announced it would appeal Tuesday’s adverse ruling by a three-judge panel of the D.C. Circuit Court of Appeals to… the full D.C. Circuit Court of Appeals. President Obama, it seems, likes his chances with the full…

  • Commentary posted October 24, 2013 by Hans A. von Spakovsky, Elizabeth Slattery Packing Washington's most crucial court

    The U.S. Senate will soon vote on the nominations of three individuals to the U.S. Court of Appeals for the District of Columbia Circuit. This court is widely regarded as a steppingstone to the Supreme Court. Because of its location in the nation’s capital, a considerable portion of its cases involve federal agencies. This makes the D.C. Circuit a watchdog over the…

  • Lecture posted October 10, 2012 by The Honorable Alice M. Batchelder Suppose Joseph Story Had Been Right and Brutus Had Been Wrong

    Abstract: Brutus, one of the loose-knit group of Anti-Federalists who opposed the adoption of the Constitution, was convinced that the new government would prove to be a national, not a federal, government; that the several states would cease to exist as sovereign entities; and that the judiciary would be instrumental in causing that result. Joseph Story, a proponent of a…

  • Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012

    Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…

  • Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…

  • Testimony posted December 14, 2011 by Andrew M. Grossman Judicial Reliance on Foreign Law

    Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be construed as representing…

Find more work on Lower Courts
  • Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…

  • Lecture posted October 10, 2012 by The Honorable Alice M. Batchelder Suppose Joseph Story Had Been Right and Brutus Had Been Wrong

    Abstract: Brutus, one of the loose-knit group of Anti-Federalists who opposed the adoption of the Constitution, was convinced that the new government would prove to be a national, not a federal, government; that the several states would cease to exist as sovereign entities; and that the judiciary would be instrumental in causing that result. Joseph Story, a proponent of a…

  • Commentary posted July 30, 2014 by Hans A. von Spakovsky, Elizabeth Slattery Obama Administration Turns to “Hand-Packed” Court

    When it comes to defending Obamacare subsidies, the Justice Department appears none too eager to take its case to the Supreme Court. Instead, the administration announced it would appeal Tuesday’s adverse ruling by a three-judge panel of the D.C. Circuit Court of Appeals to… the full D.C. Circuit Court of Appeals. President Obama, it seems, likes his chances with the full…

  • Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012

    Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…

  • Testimony posted December 14, 2011 by Andrew M. Grossman Judicial Reliance on Foreign Law

    Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be construed as representing…

  • Commentary posted October 24, 2013 by Hans A. von Spakovsky, Elizabeth Slattery Packing Washington's most crucial court

    The U.S. Senate will soon vote on the nominations of three individuals to the U.S. Court of Appeals for the District of Columbia Circuit. This court is widely regarded as a steppingstone to the Supreme Court. Because of its location in the nation’s capital, a considerable portion of its cases involve federal agencies. This makes the D.C. Circuit a watchdog over the…

Find more work on Lower Courts
  • Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012

    Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…

  • Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?

    The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…

Find more work on Lower Courts