Archive | June 2021

In-Person Appellate Oral Arguments Ended Suddenly with a Bang, and are Restarting Slowly with Anticipated Full Strength in the Fall.

By: Michael Wein

What happened in March 2020 was an abrupt departure for everyone, and a surprisingly long segue from normal.  This post provides an update.   As outlined in detail in previous posts for this Blog,  the Maryland and Federal Appellate Courts (which include Maryland), suddenly postponed Oral arguments in March 2020.  They also had the unenviable task transitioning to Remote Oral Arguments for the first time.  It’s been that way for about a year.

Assuming T.S. Eliot is a legal authority (he’s not, but fun to quote) and as a matter of transitive logic, a “bang” wouldn’t signify the end of the world…only a whimper.   Thus, there will be a resumption of normal. [1]

Read More…

The Institution of the Judiciary and Judicial Review, American Democracy’s Lifeline

By Alan B. Sternstein

Until recently, the social and political institutions of the United States long enjoyed, largely, the respect and the fealty of its citizenry. Though their raison d’etre vary, our institutions our schools, houses of worship, courts, legislatures and more all serve a common and fundamental function. They facilitate the conduct of orderly and rational discourse aimed at achieving consensus of purpose, in, importantly but not exclusively, matters of education, worship, governance, and commerce. Plainly, however, institutions do not guarantee discourse having such quality and effect. That depends, instead, on the character of each institution’s members. Given their essential function and the vital purposes, how is it that our most important institutions, those of government, have fallen so far in function and repute? Certainly bearing responsibility, at the federal and even state levels, has been the Supreme Court’s insensitivity to, if not abdication of, the unique position it occupies to protect our democratic form of government, which judicial proclivity is the subject of this post. We start first, though, with some political theory.

Read More…