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In the Spring of 2018, Justice Sonia Sotomayor visited the University of Houston law center, where I teach, and inspired our entire community. She shared some of her life experiences, and included the struggles that she encountered in college as she received feedback on her writing. We came away understanding that much of her success in law school could be credited to the work that she put in to strengthening her writing skills during her undergraduate studies. She was a brilliant student, but needed support to achieve her goals at the next level. That same summer, I taught legal writing…
Chief Justice John Roberts’s influence on the United Supreme Court’s jurisprudence has been substantial. Importantly, however, Chief Justice Roberts’s judicial philosophy and approach to constitutional interpretation have raised more questions than answers. By way of background, when former President George W. Bush nominated John Roberts to the Supreme Court, most commentators speculated that Roberts would be a reliably conservative justice and embrace an originalist approach to constitutional interpretation. Indeed, during his confirmation hearings, Roberts emphasized the limited role of the judiciary, analogized judges to “umpires,” and rejected any suggestion that judges decide cases based on policy predilections.  As Roberts stated…
Much of the initial commentary on the Supreme Court’s fractured opinion in June Medical Services v. Russo focuses on the future of abortion rights, delving into the analytical choices made by Justices Breyer, Roberts, and Alito. But one overlooked theme……
In a 2015 Justice Elena Kagan quipped that, when it comes to statutory interpretation, “we’re all textualists now.” She noted that, when she was in law school, statutory interpretation was not taught, and that judges were often left to make……