Tag Archive | Ruth Bader Ginsburg

An Advocate’s View of Judge Garland in Criminal Cases

By Steve Klepper (Twitter: @MDAppeal)

I’ve had the privilege of arguing three cases before D.C Circuit Judge Merrick Garland, who is President Obama’s nominee to the Supreme Court. The media and interest groups are scrutinizing his 19 years’ worth of appellate decisions for insight on his jurisprudence. Much of the criticism from criminal justice advocates (on both the right and the left) is that they see Judge Garland as predisposed to favor prosecutors in criminal appeals. Critics typically cite Tom Goldstein’s 2010 analysis of Judge Garland’s criminal opinions.

My experience, while not necessarily representative, is at odds with this conventional wisdom. Two of my arguments before Judge Garland were as defense counsel in criminal appeals, and he wrote the opinion both times. I would be happy for Judge Garland to be on my panel in every single criminal appeal. Read More…

Four Reasons to End Calls for Justice Ginsburg’s Retirement

By Steve Klepper (Twitter: @MDAppeal)

[Updated, 6:21 p.m., March 17, 2014. See comment below for details.]

One gift that Justice Ruth Bader Ginsburg received for her 81st birthday was yet another editorial – this time by Erwin Chemerinsky– calling for her retirement. As soon as chatter dies down, we can expect a new round of editorials criticizing Justice Thomas’ silence at oral argument, followed by another round of calls for Justice Ginsburg to retire. (Maybe I should have saved my “Time Is a Flat Circle” reference for this post.)

A few quick thoughts: Read More…

SCOTUS Retirements: The Carrot and the Stick

By Steve Klepper (Twitter: @MDAppeal)

Yesterday, I had the pleasure of sitting on a Supreme Court Term preview panel at my alma mater, Goucher College, with Associated Press Supreme Court reporter Jesse Holland and political science Professor Nina Kasniunas. Inevitably, the question arose as to why Justice Ruth Bader Ginsburg isn’t choosing to retire while Democrats control the White House and the Senate. Robert Barnes’ delightful piece, The Question Facing Ruth Bader Ginsburg: Stay or Go?, appearing in today’s Washington Post Magazine, gives some insight into this most personal of decisions. Read More…