美国最高法院 (Chinese Wikipedia)
Analysis of information sources in references of the Wikipedia article "美国最高法院" in Chinese language version.
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abajournal.com
- Hodak, George. February 5, 1937: FDR Unveils Court Packing Plan. ABAjournal.com. American Bar Association. 2007 [2009-01-29]. （原始内容存档于2011-08-15）.
- Curriden, Mark. A Supreme Case of Contempt. ABA Journal. American Bar Association. 2009-06-02 [2017-04-27]. （原始内容存档于2017-04-27）.
On May 28, [U.S. Attorney General William] Moody did something unprecedented, then and now. He filed a petition charging Sheriff Shipp, six deputies and 19 leaders of the lynch mob with contempt of the Supreme Court. The justices unanimously approved the petition and agreed to retain original jurisdiction in the matter. ... May 24, 1909, stands out in the annals of the U.S. Supreme Court. On that day, the court announced a verdict after holding the first and only criminal trial in its history.
adherents.com
- Religion of the Supreme Court. adherents.com. 2006-01-31 [2010-07-09]. （原始内容存档于2019-08-09）.
archive.org
- Bordewich, Fergus. The First Congress: How James Madison, George Washington, and a Group of Extraordinary Men Invented the Government. Simon & Schuster. 2016: 195. ISBN 1451691939.
- Irons, Peter. A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution. United States: Penguin Books. 2006: 176, 177. ISBN 0-14-303738-2.
The rhetorical battle that followed the Dred Scott decision, as we know, later erupted into the gunfire and bloodshed of the Civil War (p.176)... his opinion (Taney's) touched off an explosive reaction on both sides of the slavery issue... (p.177)
- Hall, Kermit L. (编). Appendix Two. Oxford Companion to the Supreme Court of the United States. Oxford University Press. 1992: 965–971. ISBN 0-19-505835-6.
- Segal, Jeffrey A.; Spaeth, Harold J. The Supreme Court and the Attitudinal Model Revisited. Cambridge Univ. Press. 2002: 183. ISBN 0-521-78971-0.
- O'Brien, David M. Storm Center: The Supreme Court in American Politics 6th. W.W. Norton & Company. 2003: 46. ISBN 0-393-93218-4.
- Stolzenberg, Ross M.; Lindgren, James. Retirement and Death in Office of U.S. Supreme Court Justices. Demography. May 2010, 47 (2): 269–298. PMC 3000028
. PMID 20608097. doi:10.1353/dem.0.0100. If the incumbent president is of the same party as the president who nominated the justice to the Court, and if the incumbent president is in the first two years of a four-year presidential term, then the justice has odds of resignation that are about 2.6 times higher than when these two conditions are not met.
- Pepall, Lynne; Richards, Daniel L.; Norman, George. Industrial Organization: Contemporary Theory and Practice. Cincinnati: South-Western College Publishing. 1999: 11–12.
- Mendelson, Wallace. Separation of Powers. Hall, Kermit L. (编). The Oxford Companion to the Supreme Court of the United States. Oxford University Press. 1992: 775. ISBN 0-19-505835-6.
- Vile, John R. Court curbing. Hall, Kermit L. (编). The Oxford Companion to the Supreme Court of the United States. Oxford University Press. 1992: 202. ISBN 0-19-505835-6.
archive.today
- The Supreme Quiz. Washington Post. 2000-10-02 [2009-10-31]. （原始内容存档于2012-05-30）.
According to the Oxford Companion to the Supreme Court of the United States, Marshall's most important innovation was to persuade the other justices to stop seriatim opinions – each issuing one – so that the court could speak in a single voice. Since the mid-1940s, however, there's been a significant increase in individual "concurring" and "dissenting" opinions.
- Justice Roberts. Responses of Judge John G. Roberts, Jr. to the Written Questions of Senator Joseph R. Biden. Washington Post. 2005-09-21 [2009-10-31]. （原始内容存档于2013-01-24）.
I agree that West Coast Hotel Co. v. Parrish correctly overruled Adkins. Lochner era cases – Adkins in particular – evince an expansive view of the judicial role inconsistent with what I believe to be the appropriately more limited vision of the Framers.
axios.com
- *Oriana González; Danielle Alberti. Estimated ideologies of Supreme Court justices. Axios. 2023-07-03 [2024-10-28]. （原始内容存档于2024-11-10） （英语）.
- Vincent M. Bonventre. 6 to 3: The Impact of the Supreme Court’s Conservative Super-Majority. 紐約州律師公會. 2023-10-31 [2024-10-28]. （原始内容存档于2024-10-07） （美国英语）.
books.google.com
- Johnson, Barnabas. Almanac of the Federal Judiciary, p. 25 （页面存档备份，存于互联网档案馆） (Aspen Law & Business, 1988).
- Scott Douglas Gerber (editor). Seriatim: The Supreme Court Before John Marshall. New York University Press. 1998 [2009-10-31]. ISBN 0-8147-3114-7. （原始内容存档于2011-05-11）.
(page 3) Finally many scholars cite the absence of a separate Supreme Court building as evidence that the early Court lacked prestige.
- Edward Keynes; with Randall K. Miller. The Court vs. Congress: Prayer, Busing, and Abortion. Duke University Press. 1989 [2009-10-31]. （原始内容存档于2011-05-11）.
(page 115)... Grier maintained that Congress has plenary power to limit the federal courts' jurisdiction.
- Bodenhamer, David J.; James W. Ely. The Bill of Rights in modern America. Bloomington, Indiana: Indiana University Press. 1993: 245. ISBN 978-0-253-35159-3.
… of what eventually became the 'incorporation doctrine,' by which various federal Bill of Rights guarantees were held to be implicit in the Fourteenth Amendment due process or equal protection.
- Siegan, Bernard H. The Supreme Court's Constitution. Transaction Publishers. 1987: 146 [2009-10-31]. ISBN 978-0-88738-671-8.
In the 1923 case of Adkins v. Children's Hospital, the court invalidated a classification based on gender as inconsistent with the substantive due process requirements of the fifth amendment. At issue was congressional legislation providing for the fixing of minimum wages for women and minors in the District of Columbia. (p.146)
- Kermit L. Hall; Kevin T. McGuire (编). Institutions of American Democracy: The Judicial Branch. New York, New York: Oxford University Press. 2005: 117–118 [2017-07-03]. ISBN 978-0-19-530917-1. （原始内容存档于2016-11-23）.
- Kermit L. Hall; Kevin T. McGuire (编). Institutions of American Democracy: The Judicial Branch. New York, New York: Oxford University Press. 2005: 118 [2017-07-03]. ISBN 978-0-19-530917-1. （原始内容存档于2016-11-23）.
- Peppers, Todd C. Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk. Stanford University Press. 2006: 195, 1, 20, 22, and 22–24 respectively. ISBN 978-0-8047-5382-1.
- Chace, James. Acheson: The Secretary of State Who Created the American World. New York: Simon & Schuster. 2007: 441998. ISBN 978-0-684-80843-7.
- Mark I. Sutherland; Dave Meyer; William J. Federer; Alan Keyes; Ed Meese; Phyllis Schlafly; Howard Phillips; Alan E. Sears; Ben DuPre; Rev. Rick Scarborough; David C. Gibbs III; Mathew D. Staver; Don Feder; Herbert W. Titus. Judicial Tyranny: The New Kings of America. St. Louis, Missouri: Amerisearch Inc. 2005: 242. ISBN 0-9753455-6-7.
- Woodward, Bob; Scott Armstrong. The Brethren: Inside the Supreme Court. United States of America: Simon & Schuster. 1979: 541. ISBN 978-0-7432-7402-9.
A court which is final and unreviewable needs more careful scrutiny than any other
britannica.com
- Schumacher, Alvin. Roger B. Taney. Encyclopaedia Britannica. [2017-05-03]. （原始内容存档于2017-08-24）.
He was the first Roman Catholic to serve on the Supreme Court.
c-span.org
supremecourt.c-span.org
- C-SPAN Supreme Court Week. CSPAN. 2009-10-04 [2009-10-25]. （原始内容存档于2009-10-09）.
cnn.com
- 戈萨奇原本信奉天主教，但在婚後參加美國聖公會的教堂。Daniel Burke. What is Neil Gorsuch's religion? It's complicated. CNN.com. 2017-03-22 [2017-07-02]. （原始内容存档于2017-06-25）.
Springer said she doesn't know whether Gorsuch considers himself a Catholic or an Episcopalian. "I have no evidence that Judge Gorsuch considers himself an Episcopalian, and likewise no evidence that he does not." Gorsuch's younger brother, J.J., said he too has "no idea how he would fill out a form. He was raised in the Catholic Church and confirmed in the Catholic Church as an adolescent, but he has been attending Episcopal services for the past 15 or so years."
- de Vogue, Ariane. Clarence Thomas' Supreme Court legacy. CNN. 2016-10-22 [2017-05-03]. （原始内容存档于2017-04-02）.
- Tapper, Jake; de Vogue, Ariane; Zeleny, Jeff; Klein, Betsy; Vazquez, Maegan. Biden nominates Ketanji Brown Jackson to be first Black woman to sit on Supreme Court. CNN. 2022-02-25 [2022-02-28]. （原始内容存档于2022-02-28）.
congress.org
- Ali, Ambreen. How Presidents Influence the Court. Congress.org. 2010-06-16 [2010-06-16]. （原始内容存档于2010-06-18）.
constitution.org
- Madison, James. The Federalist. Independent Journal (44 (quote: 8th para)). 1788-01-25 [2009-10-27]. （原始内容存档于2009-10-27）.
seems well calculated at once to secure to the States a reasonable discretion in providing for the conveniency of their imports and exports, and to the United States a reasonable check against the abuse of this discretion.
- Madison, James. The Federalist No. 56 (quote: 6th para). Independent Journal. 1788-02-16 [2009-10-27]. （原始内容存档于2009-02-15）.
In every State there have been made, and must continue to be made, regulations on this subject which will, in many cases, leave little more to be done by the federal legislature, than to review the different laws, and reduce them in one general act.
- Alexander Hamilton. The Federalist No. 22 (quote: 4th para). New York Packet. 1787-12-14 [2009-10-27]. （原始内容存档于2010-02-03）.
The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intercourse between the different parts of the Confederacy.
- Alexander Hamilton. The Federalist No. 78. Independent Journal. 1788-06-14 [2009-10-28]. （原始内容存档于2010-01-11）.
and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
cornell.edu
law.cornell.edu
- Adair v. United States 208 U.S. 161. Cornell University Law School. 1908 [2009-10-31]. （原始内容存档于2012-04-24）.
No. 293 Argued: October 29, 30, 1907 --- Decided: January 27, 1908
- 美國法典第5编 § 第2902節.
- 美國法典第28编 § 第4節. If two justices are commissioned on the same date, then the oldest one has precedence.
- United States v. Shipp, 203 U.S. 563 (Supreme Court of the United States 1906).
- 美國法典第28编 § 第1254節
- 美國法典第28编 § 第1259節
- 美國法典第28编 § 第1258節
- 美國法典第28编 § 第1260節
- 美國法典第28编 § 第1257節
- 美國法典第28编 § 第1254節
- 美國法典第28编 § 第1257節; see also Adequate and independent state grounds
- 美國法典第28编 § 第1872節 See Georgia v. Brailsford, 3 U.S. 1 (1794), in which the Court conducted a jury trial.
- 美國法典第28编 § 第1節
- 美國法典第28编 § 第2109節
csmonitor.com
- A Bad Day for Democracy. The Christian Science Monitor. [2010-01-22]. （原始内容存档于2010-01-25）.
docstoc.com
- Visiting-Capitol-Hill. docstoc. 2009-10-24 [2009-10-24]. （原始内容存档于2016-08-21）.
doi.org
- Manning, John F. The Eleventh Amendment and the Reading of Precise Constitutional Texts. Yale Law Journal. 2004, 113 (8): 1663–1750. doi:10.2307/4135780.
- Stolzenberg, Ross M.; Lindgren, James. Retirement and Death in Office of U.S. Supreme Court Justices. Demography. May 2010, 47 (2): 269–298. PMC 3000028 . PMID 20608097. doi:10.1353/dem.0.0100.
If the incumbent president is of the same party as the president who nominated the justice to the Court, and if the incumbent president is in the first two years of a four-year presidential term, then the justice has odds of resignation that are about 2.6 times higher than when these two conditions are not met.
famous-trials.com
- Linder, Douglas. United States v. Shipp (U.S. Supreme Court, 1909). Famous Trials. [2017-04-27]. （原始内容存档于2017-04-27）.
fas.org
- McMillion, Barry J. Supreme Court Appointment Process: Senate Debate and Confirmation Vote (PDF). Congressional Research Service. 2015-10-19 [2016-02-14]. （原始内容存档 (PDF)于2015-12-28）.
fdu.edu
publicmind.fdu.edu
- Public Says Televising Court Is Good for Democracy. PublicMind.fdu.edu. 2010-03-09 [2010-12-14]. （原始内容存档于2011-05-01）.
federalpracticemanual.org
- Gutman, Jeffrey. Federal Practice Manual for Legal Aid Attorneys: 3.3 Mootness. Federal Practice Manual for Legal Aid Attorneys. Sargent Shriver National Center on Poverty Law. [2017-04-27]. （原始内容存档于2017-04-27）.
findlaw.com
caselaw.lp.findlaw.com
- White, Edward Douglass. Opinion for the Court, Arver v. U.S. 245 U.S. 366. [2017-07-01]. （原始内容存档于2011-05-01）.
Finally, as we are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation, as the result of a war declared by the great representative body of the people, can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment, we are constrained to the conclusion that the contention to that effect is refuted by its mere statement.
fivethirtyeight.com
- Thomson-Devaux, Amelia; Bronner, Laura; Wiederkehr, Anna. How conservative is Amy Coney Barrett?. FiveThirtyEight. 2020-10-14 [2020-10-27]. （原始内容存档于2020-12-11）.
We can look to her track record on the 7th U.S. Circuit Court of Appeals, though, for clues. Barrett has served on that court for almost three years now, and two different analyses of her rulings point to the same conclusion: Barrett is one of the more conservative judges on the circuit — and maybe even the most conservative.
- Roeder, Oliver. How Kavanugh will change the Supreme Court. FiveThirtyEight. 2018-10-06 [2020-11-02]. （原始内容存档于2020-12-07）.
Based on what we know about measuring the ideology of justices and judges, the Supreme Court will soon take a hard and quick turn to the right. It's a new path that is likely to last for years. Chief Justice John Roberts, a George W. Bush appointee, will almost certainly become the new median justice, defining the court's new ideological center.
fjc.gov
- How the Federal Courts Are Organized: Can a federal judge be fired?. Federal Judicial Center. fjc.gov. [2012-03-18]. （原始内容存档于2012-09-15）.
- History of the Federal Judiciary: Impeachments of Federal Judges. Federal Judicial Center fjc.gov. [2012-03-18]. （原始内容存档于2010-12-08）.
floridabar.org
- Glazer, Eric M.; Zachary, Michael. Joining the Bar of the U.S. Supreme Court. Volume LXXI, No. 2. Florida Bar Journal: 63. February 1997 [2014-02-03]. （原始内容存档于2014-04-05）.
foxnews.com
- Bill Mears. Take a look through Neil Gorsuch's judicial record. FoxNews.com. 2017-03-20 [2017-07-02]. （原始内容存档于2017-05-22）.
A Fox News analysis of that record -- including some 3,000 rulings he has been involved with -- reveals a solid, predictable conservative philosophy, something President Trump surely was attuned to when he nominated him to fill the open ninth seat. The record in many ways mirrors the late Justice Antonin Scalia's approach to constitutional and statutory interpretation.
- Chamberlain, Samuel. Trump nominates Brett Kavanaugh to the Supreme Court. Fox News. 2018-07-09 [2020-11-02]. （原始内容存档于2020-12-07）.
Trump may have been swayed in part because of Kavanaugh's record of being a reliable conservative on the court – and reining in dozens of administrative decisions of the Obama White House. There are some question marks for conservatives, particularly an ObamaCare ruling years ago.
- Betz, Bradford. Chief Justice Roberts' recent votes raise doubts about 'conservative revolution' on Supreme Court. Fox News. 2019-03-02 [2020-11-02]. （原始内容存档于2020-11-18）.
Erwin Chemerinsky, a law professor at the University of California at Berkeley, told Bloomberg that Roberts' recent voting record may indicate that he is taking his role as the median justice "very seriously" and that the recent period was "perhaps the beginning of his being the swing justice."
- Kelley Beaucar Vlahos. Judge Bork: Judicial Activism Is Going Global. Fox News. 2003-09-11 [2009-10-23]. （原始内容存档于2010-05-23）.
What judges have wrought is a coup d'état – slow moving and genteel, but a coup d'état nonetheless.
georgetown.edu
law.georgetown.edu
- Supreme Court Research Guide. law.georgetown.edu. Georgetown Law Library. [2012-08-22]. （原始内容存档于2012-08-22）.
go.com
abcnews.go.com
- Gresko, Jessica. For lawyers, the Supreme Court bar is vanity trip. Florida Today (Melbourne, Florida). 2013-03-24: 2A. （原始内容存档于2013-03-23）.
google.com
- Justice Roberts. Responses of Judge John G. Roberts, Jr. to the Written Questions of Senator Joseph R. Biden. Washington Post. 2005-09-21 [2009-10-31]. （原始内容存档于2013-01-24）.
I agree that West Coast Hotel Co. v. Parrish correctly overruled Adkins. Lochner era cases – Adkins in particular – evince an expansive view of the judicial role inconsistent with what I believe to be the appropriately more limited vision of the Framers.
- Hornberger, Jacob C. Freedom and the Fourteenth Amendment. The Future of Freedom Foundation. 2009-10-30 [2009-10-30].
Fourteenth Amendment. Some argue that it is detrimental to the cause of freedom because it expands the power of the federal government. Others contend that the amendment expands the ambit of individual liberty. I fall among those who believe that the Fourteenth Amendment has been a positive force for freedom.
greenbag.org
- James, Robert A. Instructions in Supreme Court Jury Trials (PDF). The Green Bag. 2d. 1998, 1 (4): 378 [2013-02-05]. （原始内容存档 (PDF)于2013-08-18）.
heinonlinebackup.com
- Hazard, Geoffrey C. Jr. Supreme Court as a Legislature 64. Cornell L. Rev.: 1. 1978–79. （原始内容存档于2011-04-29）.
huffingtonpost.com
- The Stakes Of The 2016 Election Just Got Much, Much Higher. The Huffington Post. [2016-02-14]. （原始内容存档于2016-02-14）.
- Appel, Jacob M. Anticipating the Incapacitated Justice. Huffington Post. 2009-08-22 [2009-08-23]. （原始内容存档于2009-08-27）.
- Larry Sabato. It's Time to Reshape the Constitution and Make America a Fairer Country. Huffington Post. 2007-09-26 [2009-10-23]. （原始内容存档于2010-05-31）.
ijr.com
- Johnson, Benny. The 2016 Running of the Interns. Independent Journal Review. [2017-03-24]. （原始内容存档于2017-03-25）.
illinoislawreview.org
- Stone, Geoffrey R. Citizens United and conservative judicial activism (PDF). University of Illinois Law Review (University of Illinois). 2012-03-26, 2012 (2): 485–500 [2017-07-03]. （原始内容存档 (PDF)于2016-05-14）.
italystl.com
- DeMarco, Megan. Growing up Italian in Jersey: Alito reflects on ethnic heritage. The Times of Trenton, New Jersey. 2008-02-14 [2017-06-15]. （原始内容存档于2017-07-30）.
jhu.edu
muse.jhu.edu
- Weiden, David; Ward, Artemus. Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court. NYU Press. 2006 [2017-07-03]. ISBN 978-0-8147-9404-3. （原始内容存档于2016-01-01）.
justia.com
supreme.justia.com
latimes.com
articles.latimes.com
- Savage, David G. Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions?. Los Angeles Times. 2008-10-23 [2009-10-23]. （原始内容存档于2008-10-23）.
a lack of judicial authority to enter an inherently political question that had previously been left to the states
- Savage, David G. Supreme Court finds history is a matter of opinions. Los Angeles Times. 2008-07-13 [2009-10-22]. （原始内容存档于2010-04-13）.
- David G. Savage. Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions?. Los Angeles Times. 2008-10-23 [2009-10-23]. （原始内容存档于2008-10-23）.
- David G. Savage. Supreme Court finds history is a matter of opinions. Los Angeles Times. 2008-07-13 [2009-10-30]. （原始内容存档于2010-04-13）.
This suggests that the right of habeas corpus was not limited to English subjects … protects people who are captured … at Guantanamo … Wrong, Justice Antonin Scalia wrote in dissent. He said English history showed that the writ of habeas corpus was limited to sovereign English territory
- Scott Gold. Justices Swat Down Texans' Effort to Weaken Species Protection Law. Los Angeles Times. 2005-06-14 [2012-03-24]. （原始内容存档于2012-01-12）.
Purcell filed a $60-million lawsuit against the U.S. government in 1999, arguing that cave bugs could not be regulated through the commerce clause because they had no commercial value and did not cross state lines. 'I'm disappointed,' Purcell said.
- David G. Savage. Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions?. Los Angeles Times. 2008-10-23 [2009-10-23]. （原始内容存档于2008-10-23）.
UC Berkeley law professor Goodwin Liu described the decision as 'utterly lacking in any legal principle" and added that the court was "remarkably unashamed to say so explicitly.'
law.com
- Breyer Just Missed Record as Junior Justice. [2008-01-11]. （原始内容存档于2008-01-26）.
- Mauro, Tony. Roberts Dips Toe Into Cert Pool. Legal Times. 2005-10-21 [2007-10-31]. （原始内容存档于2009-06-02）.
- Tony Mauro. Justice Alito Joins Cert Pool Party. Legal Times. 2006-07-04 [2007-10-31]. （原始内容存档于2007-09-30）.
- Mauro, Tony. Poll Shows Public Support for Cameras at the High Court. National Law Journal. 2010-03-09 [2010-12-18]. （原始内容存档于2010-07-05）.
medium.com
- McCaskill, Claire. Gorsuch:Good for corporations, bad for working people. 2017-03-31 [2017-04-09]. （原始内容存档于2017-04-08）.
I cannot support Judge Gorsuch because a study of his opinions reveal a rigid ideology that always puts the little guy under the boot of corporations. He is evasive, but his body of work isn't. Whether it is a freezing truck driver or an autistic child, he has shown a stunning lack of humanity. And he has been an activist - for example, writing a dissent on a case that had been settled, in what appears to be an attempt to audition for his current nomination.
nationalcenter.org
- Lincoln, Abraham. First Inaugural Address. National Center. 1861-03-04 [2009-10-23]. （原始内容存档于2009-10-09）.
At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
neh.gov
- Hindley, Meredith. Chattanooga versus the Supreme Court: The Strange Case of Ed Johnson. Humanities (National Endowment for the Humanities). November 2014, 35 (6) [2017-04-27]. （原始内容存档于2017-04-27）.
United States v. Shipp stands out in the history of the Supreme Court as an anomaly. It remains the only time the Court has conducted a criminal trial.
newsweek.com
- Sloan, Cliff; McKean, David. Why Marbury V. Madison Still Matters. Newsweek. 2009-02-21 [2009-10-31]. （原始内容存档于2009-08-02）.
More than 200 years after the high court ruled, the decision in that landmark case continues to resonate.
nih.gov
ncbi.nlm.nih.gov
- Stolzenberg, Ross M.; Lindgren, James. Retirement and Death in Office of U.S. Supreme Court Justices. Demography. May 2010, 47 (2): 269–298. PMC 3000028 . PMID 20608097. doi:10.1353/dem.0.0100.
If the incumbent president is of the same party as the president who nominated the justice to the Court, and if the incumbent president is in the first two years of a four-year presidential term, then the justice has odds of resignation that are about 2.6 times higher than when these two conditions are not met.
npr.org
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- For example, the arguments on the constitutionality of the Patient Protection and Affordable Care Act took place over three days and lasted over six hours, covering several issues; the arguments for Bush v. Gore were 90 minutes long; oral arguments in United States v. Nixon lasted three hours; and the Pentagon papers case was given a two-hour argument. Christy, Andrew. 'Obamacare' will rank among the longest Supreme Court arguments ever. NPR. 2011-11-15 [2011-03-31]. （原始内容存档于2011-11-16）. The longest modern-day oral arguments were in the case of California v. Arizona, in which oral arguments lasted over sixteen hours over four days in 1962.Bobic, Igor. Oral arguments on health reform longest in 45 years. Talking Points Memo. 2012-03-26 [2014-01-31]. （原始内容存档于2014-02-04）.
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the 1805 Senate trial of Justice Samuel Chase, who had been impeached by the House of Representatives … This decision by the Senate was enormously important in securing the kind of judicial independence contemplated by Article III" of the Constitution, Chief Justice Rehnquist said
- Cohen, Adam. What's New in the Legal World? A Growing Campaign to Undo the New Deal. New York Times. 2004-12-14 [2009-10-31]. （原始内容存档于2013-03-07）.
Some prominent states' rights conservatives were asking the court to overturn Wickard v. Filburn, a landmark ruling that laid out an expansive view of Congress's power to legislate in the public interest. Supporters of states' rights have always blamed Wickard … for paving the way for strong federal action...
- United Press International. Justice Black Dies at 85; Served on Court 34 Years. New York Times. 1971-09-25 [2009-10-31]. （原始内容存档于2009-10-15）.
Justice Black developed his controversial theory, first stated in a lengthy, scholarly dissent in 1947, that the due process clause applied the first eight amendments of the Bill of Rights to the states.
- Guilt and Mr. Meese. New York Times. 1987-01-31 [2009-10-31]. （原始内容存档于2011-05-11）.
1966 Miranda v. Arizona decision. That's the famous decision that made confessions inadmissible as evidence unless an accused person has been warned by police of the right to silence and to a lawyer, and waived it.
- Time to Rethink Buckley v. Valeo. New York Times. 1998-11-12 [2009-10-31]. （原始内容存档于2011-05-11）.
...Buckley v. Valeo. The nation's political system has suffered ever since from that decision, which held that mandatory limits on campaign spending unconstitutionally limit free speech. The decision did much to promote the explosive growth of campaign contributions from special interests and to enhance the advantage incumbents enjoy over underfunded challengers.
- Greenhouse, Linda. The Chief Justice on the Spot. New York Times. 2009-01-08 [2009-10-31]. （原始内容存档于2011-05-12）.
The federalism issue at the core of the new case grows out of a series of cases from 1997 to 2003 in which the Rehnquist court applied a new level of scrutiny to Congressional action enforcing the guarantees of the Reconstruction amendments.
- Greenhouse, Linda. The Rehnquist Court and Its Imperiled States' Rights Legacy. New York Times. 2005-06-12 [2009-10-31]. （原始内容存档于2011-05-05）.
Intrastate activity that was not essentially economic was beyond Congress's reach under the Commerce Clause, Chief Justice Rehnquist wrote for the 5-to-4 majority in United States v. Morrison.
- Amar, Vikram David. Casing John Roberts. New York Times. 2005-07-27 [2009-10-31]. （原始内容存档于2008-10-14）.
SEMINOLE TRIBE v. FLORIDA (1996) In this seemingly technical 11th Amendment dispute about whether states can be sued in federal courts, Justice O'Connor joined four others to override Congress's will and protect state prerogatives, even though the text of the Constitution contradicts this result.
- Greenhouse, Linda. Justices Seem Ready to Tilt More Toward States in Federalism. New York Times. 1999-04-01 [2009-10-31]. （原始内容存档于2011-05-11）.
The argument in this case, Alden v. Maine, No. 98-436, proceeded on several levels simultaneously. On the surface … On a deeper level, the argument was a continuation of the Court's struggle over an even more basic issue: the Government's substantive authority over the states.
- Greenhouse, Linda. In Steps Big and Small, Supreme Court Moved Right. New York Times. 2007-07-01 [2009-11-01]. （原始内容存档于2009-04-17）.
It was the Supreme Court that conservatives had long yearned for and that liberals feared … This was a more conservative court, sometimes muscularly so, sometimes more tentatively, its majority sometimes differing on methodology but agreeing on the outcome in cases big and small.
- Savage, Charlie. Respecting Precedent, or Settled Law, Unless It's Not Settled. New York Times. 2009-07-14 [2009-11-01]. （原始内容存档于2011-05-11）.
Gonzales v. Carhart — in which the Supreme Court narrowly upheld a federal ban on the late-term abortion procedure opponents call "partial birth abortion" — to be settled law.
- Greenhouse, Linda. Justice Stevens Renounces Capital Punishment. New York Times. 2008-04-18 [2009-11-01]. （原始内容存档于2008-12-11）.
His renunciation of capital punishment in the lethal injection case, Baze v. Rees, was likewise low key and undramatic.
- Greenhouse, Linda. Supreme Court Rejects Death Penalty for Child Rape. New York Times. 2008-06-26 [2009-11-01]. （原始内容存档于2008-12-11）.
The death penalty is unconstitutional as a punishment for the rape of a child, a sharply divided Supreme Court ruled Wednesday … The 5-to-4 decision overturned death penalty laws in Louisiana and five other states.
- Matt Flegenheimer. Senate Republicans Deploy 'Nuclear Option' to Clear Path for Gorsuch. New York Times. 2017-04-06 [2017-07-02]. （原始内容存档于2018-10-02）.
After Democrats held together Thursday morning and filibustered President Trump's nominee, Republicans voted to lower the threshold for advancing Supreme Court nominations from 60 votes to a simple majority.
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he has written scathingly of Roe v. Wade
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Every judge who's been appointed to the court since Lewis Powell...in 1971...has been more conservative than his or her predecessor
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many lawyers embrace a tradition that views state governments as the quintessential threat to individual and minority rights, and federal officials—especially federal courts—as the special guardians of those rights.
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But Brandeis's dissent contains one of the most famous formulations in American law: that the states should be free to serve as laboratories of democracy
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Beat reporters and academics initially denounced the court's involvement in that case, its hastiness to enter the political thicket and the half-baked and strained decision that resulted.
- Adam Cohen (Opinion section). Justice Rehnquist Writes on Hayes vs. Tilden, With His Mind on Bush v. Gore. New York Times. 2004-03-21 [2009-10-23]. （原始内容存档于2011-05-11）.
The Bush v. Gore majority, made up of Mr. Rehnquist and his fellow conservatives, interpreted the equal protection clause in a sweeping way they had not before, and have not since. And they stated that the interpretation was 'limited to the present circumstances,' words that suggest a raw exercise of power, not legal analysis.
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- Scalia Took Dozens of Trips Funded by Private Sponsors. Eric Lipton. New York Times. February 26, 2016. http://www.nytimes.com/2016/02/27/us/politics/scalia-led-court-in-taking-trips-funded-by-private-sponsors.html?_r=0 （页面存档备份，存于互联网档案馆）
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The decision … in Martin vs. Hunter's Lessee is the authority on which lawyers and Judges have rested the doctrine that where there is in question, in the highest court of a State, and decided adversely to the validity of a State statute... such claim is reviewable by the Supreme Court ...
- Decisions of the Supreme Court – Historic Decrees Issued in One Hundred an Eleven Years (PDF). New York Times. 1901-02-03 [2009-10-31]. （原始内容存档于2011-04-30）.
Very important also was the decision in Martin vs. Hunter's lessee, in which the court asserted its authority to overrule, within certain limits, the decisions of the highest State courts.
- Greenhouse, Linda. William H. Rehnquist, Chief Justice of Supreme Court, Is Dead at 80. New York Times. 2005-09-04 [2009-10-31]. （原始内容存档于2011-04-30）.
United States v. Lopez in 1995 raised the stakes in the debate over federal authority even higher. The decision declared unconstitutional a Federal law, the Gun Free School Zones Act of 1990, that made it a federal crime to carry a gun within 1,000 feet of a school.
- Greenhouse, Linda. Inmates Who Follow Satanism and Wicca Find Unlikely Ally. New York Times. 2005-03-22 [2009-10-31]. （原始内容存档于2011-04-30）.
His (Rehnquist's) reference was to a landmark 1997 decision, City of Boerne v. Flores, in which the court ruled that the predecessor to the current law, the Religious Freedom Restoration Act, exceeded Congress's authority and was unconstitutional as applied to the states.
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Had [O'Connor] anticipated that the chief justice would not serve out the next Supreme Court term, she told me after his death, she would have delayed her own retirement for a year rather than burden the court with two simultaneous vacancies. […] Her reason for leaving was that her husband, suffering from Alzheimer's disease, needed her care at home.
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The nine-member Supreme Court conducts its deliberations in secret and the justices traditionally won't discuss pending cases in public
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Scalia was interviewed for the CBS News show "60 Minutes
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...the remedy was far more harmful than the problem. By stopping the recount, the high court clearly denied many thousands of voters who cast legal votes, as defined by established Florida law, their constitutional right to have their votes counted. … It cannot be a legitimate use of law to disenfranchise legal voters when recourse is available. …
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In a statement Friday morning, Murray cited Republicans' refusal to confirm or even seriously consider President Obama's nomination of Judge Merrick Garland, a similarly well-qualified jurist — and went on to lambaste President Trump's conduct in his first few months in office. [...] And Murray added she's "deeply troubled" by Gorsuch's "extreme conservative perspective on women's health," citing his "inability" to state a clear position on Roe v. Wade, the landmark abortion-legalization decision, and his comments about the "Hobby Lobby" decision allowing employers to refuse to provide birth-control coverage.
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Resolved, That it is the sense of the Senate that the making of recess appointments to the Supreme Court of the United States may not be wholly consistent with the best interests of the Supreme Court, the nominee who may be involved, the litigants before the Court, nor indeed the people of the United States, and that such appointments, therefore, should not be made except under unusual circumstances and for the purpose of preventing or ending a demonstrable breakdown in the administration of the Court's business.
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One byproduct of the increased [retirement benefit] provisions [in 1954], however has been a dramatic rise in the number of justices engaging in succession politics by trying to time their departures to coincide with a compatible president. The most recent departures have been partisan, some more blatantly than others, and have bolstered arguments to reform the process. A second byproduct has been an increase in justices staying on the Court past their ability to adequately contribute.[1] p. 9
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- For example, the arguments on the constitutionality of the Patient Protection and Affordable Care Act took place over three days and lasted over six hours, covering several issues; the arguments for Bush v. Gore were 90 minutes long; oral arguments in United States v. Nixon lasted three hours; and the Pentagon papers case was given a two-hour argument. Christy, Andrew. 'Obamacare' will rank among the longest Supreme Court arguments ever. NPR. 2011-11-15 [2011-03-31]. （原始内容存档于2011-11-16）. The longest modern-day oral arguments were in the case of California v. Arizona, in which oral arguments lasted over sixteen hours over four days in 1962.Bobic, Igor. Oral arguments on health reform longest in 45 years. Talking Points Memo. 2012-03-26 [2014-01-31]. （原始内容存档于2014-02-04）.
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Schumer added that Gorsuch's record shows he has a "deep-seated conservative ideology" and "groomed by the Federalist Society," a conservative nonprofit legal organization.
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Congress tried the process again in 1804, when it voted to impeach Supreme Court Justice Samuel Chase on charges of bad conduct. As a judge, Chase was overzealous and notoriously unfair … But Chase never committed a crime — he was just incredibly bad at his job. The Senate acquitted him on every count.
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The biggest legal milestone in this field was last year's Supreme Court decision in Griswold v. Connecticut, which overthrew the state's law against the use of contraceptives as an invasion of marital privacy, and for the first time declared the "right of privacy" to be derived from the Constitution itself.
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In the landmark 1962 case Engel v. Vitale, the high court threw out a brief nondenominational prayer composed by state officials that was recommended for use in New York State schools. "It is no part of the business of government", ruled the court, "to compose official prayers for any group of the American people to recite."
- The Law: The Retroactivity Riddle. Time Magazine. 1965-06-18 [2009-10-31]. （原始内容存档于2011-02-03）.
Last week, in a 7 to 2 decision, the court refused for the first time to give retroactive effect to a great Bill of Rights decision—Mapp v. Ohio (1961).
- The Supreme Court: Now Comes the Sixth Amendment. Time. 1965-04-16 [2009-10-31]. （原始内容存档于2010-05-28）.
Sixth Amendment's right to counsel (Gideon v. Wainwright in 1963). … the court said flatly in 1904: 'The Sixth Amendment does not apply to proceedings in state criminal courts." But in the light of Gideon … ruled Black, statements 'generally declaring that the Sixth Amendment does not apply to states can no longer be regarded as law.'
- Bakke Wins, Quotas Lose. Time. 1978-07-10 [2009-10-31]. （原始内容存档于2010-10-14）.
Split almost exactly down the middle, the Supreme Court last week offered a Solomonic compromise. It said that rigid quotas based solely on race were forbidden, but it also said that race might legitimately be an element in judging students for admission to universities. It thus approved the principle of 'affirmative action'…
- Lindenberger, Michael A. The Court's Gay Rights Legacy. Time Magazine. [2009-10-31]. （原始内容存档于2009-11-07）.
The decision in the Lawrence v. Texas case overturned convictions against two Houston men, whom police had arrested after busting into their home and finding them engaged in sex. And for the first time in their lives, thousands of gay men and women who lived in states where sodomy had been illegal were free to be gay without being criminals.
- Krauthammer, Charles. The Winner in Bush v. Gore?. Time Magazine. 2000-12-18 [2009-10-31]. （原始内容存档于2010-11-22）.
Re-enter the Rehnquist court. Amid the chaos, somebody had to play Daddy. … the Supreme Court eschewed subtlety this time and bluntly stopped the Florida Supreme Court in its tracks—and stayed its willfulness. By , mind you, …
townhall.com
- Buchanan, Pat. The judges war: an issue of power. Townhall.com. 2005-07-06 [2009-10-23]. （原始内容存档于2011-05-13）.
The Brown decision of 1954, desegregating the schools of 17 states and the District of Columbia, awakened the nation to the court's new claim to power.
uchicago.edu
chicagounbound.uchicago.edu
- McConnell, Michael W. Two-and-a-Half Cheers for Bush v Gore. University of Chicago Law Review. 2001-06-01 [2016-02-16]. （原始内容存档于2016-02-25）.
uh.edu
digitalhistory.uh.edu
- Mintz, S. The New Deal in Decline. Digital History. University of Houston. 2007 [2009-10-27]. （原始内容存档于2008-05-05）.
umd.edu
lib.guides.umd.edu
- How to Cite Cases: U.S. Supreme Court Decisions. lib.guides.umd.edu. University of Maryland University Libraries. [2012-08-22]. （原始内容存档于2012-08-22）.
umkc.edu
law.umkc.edu
- Liberty of Contract?. Exploring Constitutional Conflicts. 2009-10-31 [2009-10-31]. （原始内容存档于2009-11-22）.
The term "substantive due process" is often used to describe the approach first used in Lochner—the finding of liberties not explicitly protected by the text of the Constitution to be impliedly protected by the liberty clause of the Fourteenth Amendment. In the 1960s, long after the Court repudiated its Lochner line of cases, substantive due process became the basis for protecting personal rights such as the right of privacy, the right to maintain intimate family relationships.
usatoday.com
usatoday.com
- Justices Ginsburg, Stevens, Souter, Breyer. Dissenting opinions in Bush v. Gore. USA Today. 2000-12-13 [2009-10-31]. （原始内容存档于2010-05-25）.
Rarely has this Court rejected outright an interpretation of state law by a state high court … The Virginia court refused to obey this Court's Fairfax's Devisee mandate to enter judgment for the British subject's successor in interest. That refusal led to the Court's pathmarking decision in Martin v. Hunter's Lessee, 1 Wheat. 304 (1816).
- Biskupic, Joan. Supreme Court gets makeover. USA Today. 2005-03-29 [2009-10-31]. （原始内容存档于2009-06-05）.
The building is getting its first renovation since its completion in 1935.
blogs.usatoday.com
- Mattox, William R., Jr; Trinko, Katrina. Teach the Bible? Of course.. USA Today. 2009-08-17 [2009-10-31]. （原始内容存档于2009-08-20）.
Public schools need not proselytize — indeed, must not — in teaching students about the Good Book … In Abington School District v. Schempp, decided in 1963, the Supreme Court stated that "study of the Bible or of religion, when presented objectively as part of a secular program of education", was permissible under the First Amendment.
- Justice Sotomayor. Retire the 'Ginsburg rule' – The 'Roe' recital. USA Today. 2009-07-16 [2009-10-31]. （原始内容存档于2009-08-22）.
The court's decision in Planned Parenthood v. Casey reaffirmed the court holding of Roe. That is the precedent of the court and settled, in terms of the holding of the court.
uscourts.gov
- Judicial Compensation. United States Courts. [2021-12-06]. （原始内容存档于2021-11-03）.
usnews.com
- The People's Vote: 100 Documents that Shaped America – Marbury v. Madison (1803). U.S. News & World Report. 2003 [2009-10-31]. （原始内容存档于2003-09-20）.
With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of "checks and balances" created to prevent any one branch of the Federal Government from becoming too powerful...A Law repugnant to the Constitution is void.
- Ifill, Sherrilyn A. Sotomayor's Great Legal Mind Long Ago Defeated Race, Gender Nonsense. US News & World Report. 2009-05-27 [2009-10-31].
But his decision in Dred Scott v. Sandford doomed thousands of black slaves and freedmen to a stateless existence within the United States until the passage of the 14th Amendment. Justice Taney's coldly self-fulfilling statement in Dred Scott, that blacks had "no rights which the white man [was] bound to respect", has ensured his place in history—not as a brilliant jurist, but as among the most insensitive
- 100 Documents that Shaped America Brown v. Board of Education (1954). US News & World Report. 1954-05-17 [2009-10-31]. （原始内容存档于2009-11-06）.
On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th amendment and was therefore unconstitutional. This historic decision marked the end of the "separate but equal" … and served as a catalyst for the expanding civil rights movement...
- O'Connor, Karen. Roe v. Wade: On Anniversary, Abortion Is out of the Spotlight. U.S. News & World Report. 2009-01-22 [2009-10-31]. （原始内容存档于2009-03-26）.
The shocker, however, came in 1973, when the Court, by a vote of 7 to 2, relied on Griswold's basic underpinnings to rule that a Texas law prohibiting abortions in most situations was unconstitutional, invalidating the laws of most states. Relying on a woman's right to privacy...
utexas.edu
- Graglia, Lino. Altering 14th Amendment would curb court's activist tendencies. University of Texas School of Law. 2005-07-19 [2009-10-23]. （原始内容存档于2010-12-04）.
vanderbiltlawreview.org
- William E. Nelson; Harvey Rishikof; I. Scott Messinger; Michael Jo. The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation? (PDF). Vanderbilt Law Review: 1749. November 2009 [2010-09-07]. （原始内容 (PDF)存档于2010-07-27）.
|volume=被忽略 (帮助);|issue=被忽略 (帮助)
washingtonpost.com
washingtonpost.com
- Barnes, Robert; Marimow, Ann E. Supreme Court, under pressure, issues ethics code specific to justices. Washington Post. 2023-11-13 [2023-11-14].
- Epps, Garrett. Don't Do It, Justices. The Washington Post. 2004-10-24 [2009-10-31]. （原始内容存档于2008-10-13）.
The court's prestige has been hard-won. In the early 1800s, Chief Justice John Marshall made the court respected
- Rosen, Jeffrey. Black Robe Politics (book review of Packing the Court by James MacGregor Burns). Washington Post. 2009-07-05 [2009-10-31]. （原始内容存档于2011-02-09）.
From the beginning, Burns continues, the Court has established its "supremacy" over the president and Congress because of Chief Justice John Marshall's "brilliant political coup" in Marbury v. Madison (1803): asserting a power to strike down unconstitutional laws.
- The Supreme Quiz. Washington Post. 2000-10-02 [2009-10-31]. （原始内容存档于2012-05-30）.
According to the Oxford Companion to the Supreme Court of the United States, Marshall's most important innovation was to persuade the other justices to stop seriatim opinions – each issuing one – so that the court could speak in a single voice. Since the mid-1940s, however, there's been a significant increase in individual "concurring" and "dissenting" opinions.
- Staff writer. Supreme Court Justice Rehnquist's Key Decisions. Washington Post. 1972-06-29 [2009-10-31]. （原始内容存档于2010-05-25）.
Furman v. Georgia … Rehnquist dissents from the Supreme Court conclusion that many state laws on capital punishment are capricious and arbitrary and therefore unconstitutional.
- Babington, Charles; Baker, Peter. Roberts Confirmed as 17th Chief Justice. Washington Post. 2005-09-30 [2009-11-01]. （原始内容存档于2010-01-16）.
John Glover Roberts Jr. was sworn in yesterday as the 17th chief justice of the United States, enabling President Bush to put his stamp on the Supreme Court for decades to come, even as he prepares to name a second nominee to the nine-member court.
- Barnes, Robert. Justices to Decide if State Gun Laws Violate Rights. Washington Post. 2009-10-01 [2009-11-01]. （原始内容存档于2011-05-03）.
The landmark 2008 decision to strike down the District of Columbia's ban on handgun possession was the first time the court had said the amendment grants an individual right to own a gun for self-defense. But the 5 to 4 opinion in District of Columbia v. Heller...
- Cope, Kevin; Fischman, Joshua. It's hard to find a federal judge more conservative than Brett Kavanaugh. The Washington Post. 2018-09-05 [2020-11-02]. （原始内容存档于2020-12-10）.
Kavanaugh served a dozen years on the D.C. Circuit Court of Appeals, a court viewed as first among equals of the 12 federal appellate courts. Probing nearly 200 of Kavanaugh's votes and over 3000 votes by his judicial colleagues, our analysis shows that his judicial record is significantly more conservative than that of almost every other judge on the D.C. Circuit. That doesn't mean that he'd be the most conservative justice on the Supreme Court, but it strongly suggests that he is no judicial moderate.
- Will, George F. Identity Justice: Obama's Conventional Choice. Washington Post. 2009-05-27 [2009-10-22]. （原始内容存档于2011-05-03）.
Thurgood Marshall quote taken from the Stanford Law Review, summer 1992
- Babington, Charles. Senator Links Violence to 'Political' Decisions. Washington Post. 2005-04-05 [2009-10-22]. （原始内容存档于2010-04-28）.
- Edsall, Thomas B.; Fletcher, Michael A. Again, Right Voices Concern About Gonzales. Washington Post. 2005-09-05 [2009-10-23]. （原始内容存档于2008-05-12）.
- Lane, Charles. Conservative's Book on Supreme Court Is a Bestseller. Washington Post. 2005-03-20 [2009-10-23]. （原始内容存档于2008-10-15）.
- George F. Will. Identity Justice: Obama's Conventional Choice. Washington Post. 2009-05-27 [2009-10-22]. （原始内容存档于2011-05-03）.
- FDCH e-Media. U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court. Washington Post. 2006-01-10 [2009-10-30]. （原始内容存档于2008-10-19）.
I don't think there's any question at this point in our history that Congress' power under the commerce clause is quite broad, and I think that reflects a number of things, including the way in which our economy and our society has developed and all of the foreign and interstate activity that takes place – Samuel Alito
- CQ Transcriptions. U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court. Washington Post. 2006-01-13 [2009-10-28]. （原始内容存档于2011-04-29）.
...Baker v. Carr, the reapportionment case. We heard Justice Frankfurter who delivered a scathing dissent in that...
- Why Justice Scalia was staying for free at a Texas resort. Mark Berman and Jerry Markon. Washington Post. February 17, 2016. https://www.washingtonpost.com/news/post-nation/wp/2016/02/17/justice-scalias-death-and-questions-about-who-pays-for-supreme-court-justices-to-visit-remote-resorts/ （页面存档备份，存于互联网档案馆）
voices.washingtonpost.com
- CQ Transcriptions (Senator Kohl). Key Excerpt: Sotomayor on Bush v. Gore. Washington Post. 2009-07-14 [2009-10-23]. （原始内容存档于2011-05-13）.
Many critics saw the Bush v. Gore decision as an example of the judiciary improperly injecting itself into a political dispute"
web.archive.org
- The Court as an Institution - Supreme Court of the United States. www.supremecourt.gov. [2017-02-01]. （原始内容存档于2017-01-20）.
- Safire, William, "On language: POTUS and FLOTUS," New York Times, October 12, 1997 （页面存档备份，存于互联网档案馆）. Retrieved August 27, 2013.
- Code of Conduct for Justices November 13 2023 (PDF). [2023-11-14]. （原始内容存档 (PDF)于2024-03-08）.
- About the Supreme Court. Supreme Court of the United States. 2023-11-13 [2023-11-14]. （原始内容存档于2024-03-09）.
- Johnson, Barnabas. Almanac of the Federal Judiciary, p. 25 （页面存档备份，存于互联网档案馆） (Aspen Law & Business, 1988).
- A Brief Overview of the Supreme Court (PDF). United States Supreme Court. [2009-12-31]. （原始内容 (PDF)存档于2017-07-06）.
- Ashmore, Anne. Dates of Supreme Court decisions and arguments, United States Reports volumes 2–107 (1791–82) (PDF). Library, Supreme Court of the United States. August 2006 [2009-04-26]. （原始内容存档 (PDF)于2011-07-23）.
- Scott Douglas Gerber (editor). Seriatim: The Supreme Court Before John Marshall. New York University Press. 1998 [2009-10-31]. ISBN 0-8147-3114-7. （原始内容存档于2011-05-11）.
(page 3) Finally many scholars cite the absence of a separate Supreme Court building as evidence that the early Court lacked prestige.
- Epps, Garrett. Don't Do It, Justices. The Washington Post. 2004-10-24 [2009-10-31]. （原始内容存档于2008-10-13）.
The court's prestige has been hard-won. In the early 1800s, Chief Justice John Marshall made the court respected
- Rosen, Jeffrey. Black Robe Politics (book review of Packing the Court by James MacGregor Burns). Washington Post. 2009-07-05 [2009-10-31]. （原始内容存档于2011-02-09）.
From the beginning, Burns continues, the Court has established its "supremacy" over the president and Congress because of Chief Justice John Marshall's "brilliant political coup" in Marbury v. Madison (1803): asserting a power to strike down unconstitutional laws.
- The People's Vote: 100 Documents that Shaped America – Marbury v. Madison (1803). U.S. News & World Report. 2003 [2009-10-31]. （原始内容存档于2003-09-20）.
With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of "checks and balances" created to prevent any one branch of the Federal Government from becoming too powerful...A Law repugnant to the Constitution is void.
- Sloan, Cliff; McKean, David. Why Marbury V. Madison Still Matters. Newsweek. 2009-02-21 [2009-10-31]. （原始内容存档于2009-08-02）.
More than 200 years after the high court ruled, the decision in that landmark case continues to resonate.
- The Constitution In Law: Its Phases Construed by the Federal Supreme Court (PDF). New York Times. 1893-02-27 [2009-10-31]. （原始内容存档于2011-04-30）.
The decision … in Martin vs. Hunter's Lessee is the authority on which lawyers and Judges have rested the doctrine that where there is in question, in the highest court of a State, and decided adversely to the validity of a State statute... such claim is reviewable by the Supreme Court ...
- Justices Ginsburg, Stevens, Souter, Breyer. Dissenting opinions in Bush v. Gore. USA Today. 2000-12-13 [2009-10-31]. （原始内容存档于2010-05-25）.
Rarely has this Court rejected outright an interpretation of state law by a state high court … The Virginia court refused to obey this Court's Fairfax's Devisee mandate to enter judgment for the British subject's successor in interest. That refusal led to the Court's pathmarking decision in Martin v. Hunter's Lessee, 1 Wheat. 304 (1816).
- Decisions of the Supreme Court – Historic Decrees Issued in One Hundred an Eleven Years (PDF). New York Times. 1901-02-03 [2009-10-31]. （原始内容存档于2011-04-30）.
Very important also was the decision in Martin vs. Hunter's lessee, in which the court asserted its authority to overrule, within certain limits, the decisions of the highest State courts.
- Slater, Dan. Justice Stevens on the Death Penalty: A Promise of Fairness Unfulfilled. Wall Street Journal. 2008-04-18 [2009-10-31]. （原始内容存档于2012-01-25）.
The first Chief Justice, John Marshall set out to do away with seriatim opinions–a practice originating in England in which each appellate judge writes an opinion in ruling on a single case. (You may have read old tort cases in law school with such opinions). Marshall sought to do away with this practice to help build the Court into a coequal branch.
- Suddath, Claire. A Brief History Of Impeachment. Time Magazine. 2008-12-19 [2009-10-31]. （原始内容存档于2009-04-30）.
Congress tried the process again in 1804, when it voted to impeach Supreme Court Justice Samuel Chase on charges of bad conduct. As a judge, Chase was overzealous and notoriously unfair … But Chase never committed a crime — he was just incredibly bad at his job. The Senate acquitted him on every count.
- Greenhouse, Linda. Rehnquist Joins Fray on Rulings, Defending Judicial Independence. New York Times. 1996-04-10 [2009-10-31]. （原始内容存档于2011-05-11）.
the 1805 Senate trial of Justice Samuel Chase, who had been impeached by the House of Representatives … This decision by the Senate was enormously important in securing the kind of judicial independence contemplated by Article III" of the Constitution, Chief Justice Rehnquist said
- Edward Keynes; with Randall K. Miller. The Court vs. Congress: Prayer, Busing, and Abortion. Duke University Press. 1989 [2009-10-31]. （原始内容存档于2011-05-11）.
(page 115)... Grier maintained that Congress has plenary power to limit the federal courts' jurisdiction.
- Liberty of Contract?. Exploring Constitutional Conflicts. 2009-10-31 [2009-10-31]. （原始内容存档于2009-11-22）.
The term "substantive due process" is often used to describe the approach first used in Lochner—the finding of liberties not explicitly protected by the text of the Constitution to be impliedly protected by the liberty clause of the Fourteenth Amendment. In the 1960s, long after the Court repudiated its Lochner line of cases, substantive due process became the basis for protecting personal rights such as the right of privacy, the right to maintain intimate family relationships.
- Adair v. United States 208 U.S. 161. Cornell University Law School. 1908 [2009-10-31]. （原始内容存档于2012-04-24）.
No. 293 Argued: October 29, 30, 1907 --- Decided: January 27, 1908
- White, Edward Douglass. Opinion for the Court, Arver v. U.S. 245 U.S. 366. [2017-07-01]. （原始内容存档于2011-05-01）.
Finally, as we are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation, as the result of a war declared by the great representative body of the people, can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment, we are constrained to the conclusion that the contention to that effect is refuted by its mere statement.
- Biskupic, Joan. Supreme Court gets makeover. USA Today. 2005-03-29 [2009-10-31]. （原始内容存档于2009-06-05）.
The building is getting its first renovation since its completion in 1935.
- Lipsky, Seth. All the News That's Fit to Subsidize. Wall Street Journal. 2009-10-22 [2009-10-31]. （原始内容存档于2013-12-19）.
He was a farmer in Ohio … during the 1930s, when subsidies were brought in for farmers. With subsidies came restrictions on how much wheat one could grow—even, Filburn learned in a landmark Supreme Court case, Wickard v. Filburn (1942), wheat grown on his modest farm.
- Cohen, Adam. What's New in the Legal World? A Growing Campaign to Undo the New Deal. New York Times. 2004-12-14 [2009-10-31]. （原始内容存档于2013-03-07）.
Some prominent states' rights conservatives were asking the court to overturn Wickard v. Filburn, a landmark ruling that laid out an expansive view of Congress's power to legislate in the public interest. Supporters of states' rights have always blamed Wickard … for paving the way for strong federal action...
- United Press International. Justice Black Dies at 85; Served on Court 34 Years. New York Times. 1971-09-25 [2009-10-31]. （原始内容存档于2009-10-15）.
Justice Black developed his controversial theory, first stated in a lengthy, scholarly dissent in 1947, that the due process clause applied the first eight amendments of the Bill of Rights to the states.
- 100 Documents that Shaped America Brown v. Board of Education (1954). US News & World Report. 1954-05-17 [2009-10-31]. （原始内容存档于2009-11-06）.
On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th amendment and was therefore unconstitutional. This historic decision marked the end of the "separate but equal" … and served as a catalyst for the expanding civil rights movement...
- Essay: In defense of privacy. Time. 1966-07-15 [2009-10-31]. （原始内容存档于2009-10-13）.
The biggest legal milestone in this field was last year's Supreme Court decision in Griswold v. Connecticut, which overthrew the state's law against the use of contraceptives as an invasion of marital privacy, and for the first time declared the "right of privacy" to be derived from the Constitution itself.
- Gibbs, Nancy. America's Holy War. Time. 1991-12-09 [2009-10-31]. （原始内容存档于2009-05-10）.
In the landmark 1962 case Engel v. Vitale, the high court threw out a brief nondenominational prayer composed by state officials that was recommended for use in New York State schools. "It is no part of the business of government", ruled the court, "to compose official prayers for any group of the American people to recite."
- Mattox, William R., Jr; Trinko, Katrina. Teach the Bible? Of course.. USA Today. 2009-08-17 [2009-10-31]. （原始内容存档于2009-08-20）.
Public schools need not proselytize — indeed, must not — in teaching students about the Good Book … In Abington School District v. Schempp, decided in 1963, the Supreme Court stated that "study of the Bible or of religion, when presented objectively as part of a secular program of education", was permissible under the First Amendment.
- The Law: The Retroactivity Riddle. Time Magazine. 1965-06-18 [2009-10-31]. （原始内容存档于2011-02-03）.
Last week, in a 7 to 2 decision, the court refused for the first time to give retroactive effect to a great Bill of Rights decision—Mapp v. Ohio (1961).
- The Supreme Court: Now Comes the Sixth Amendment. Time. 1965-04-16 [2009-10-31]. （原始内容存档于2010-05-28）.
Sixth Amendment's right to counsel (Gideon v. Wainwright in 1963). … the court said flatly in 1904: 'The Sixth Amendment does not apply to proceedings in state criminal courts." But in the light of Gideon … ruled Black, statements 'generally declaring that the Sixth Amendment does not apply to states can no longer be regarded as law.'
- Guilt and Mr. Meese. New York Times. 1987-01-31 [2009-10-31]. （原始内容存档于2011-05-11）.
1966 Miranda v. Arizona decision. That's the famous decision that made confessions inadmissible as evidence unless an accused person has been warned by police of the right to silence and to a lawyer, and waived it.
- 存档副本 (PDF). [2016-02-06]. （原始内容 (PDF)存档于2017-06-21）.
- O'Connor, Karen. Roe v. Wade: On Anniversary, Abortion Is out of the Spotlight. U.S. News & World Report. 2009-01-22 [2009-10-31]. （原始内容存档于2009-03-26）.
The shocker, however, came in 1973, when the Court, by a vote of 7 to 2, relied on Griswold's basic underpinnings to rule that a Texas law prohibiting abortions in most situations was unconstitutional, invalidating the laws of most states. Relying on a woman's right to privacy...
- Bakke Wins, Quotas Lose. Time. 1978-07-10 [2009-10-31]. （原始内容存档于2010-10-14）.
Split almost exactly down the middle, the Supreme Court last week offered a Solomonic compromise. It said that rigid quotas based solely on race were forbidden, but it also said that race might legitimately be an element in judging students for admission to universities. It thus approved the principle of 'affirmative action'…
- Time to Rethink Buckley v. Valeo. New York Times. 1998-11-12 [2009-10-31]. （原始内容存档于2011-05-11）.
...Buckley v. Valeo. The nation's political system has suffered ever since from that decision, which held that mandatory limits on campaign spending unconstitutionally limit free speech. The decision did much to promote the explosive growth of campaign contributions from special interests and to enhance the advantage incumbents enjoy over underfunded challengers.
- Staff writer. Supreme Court Justice Rehnquist's Key Decisions. Washington Post. 1972-06-29 [2009-10-31]. （原始内容存档于2010-05-25）.
Furman v. Georgia … Rehnquist dissents from the Supreme Court conclusion that many state laws on capital punishment are capricious and arbitrary and therefore unconstitutional.
- A Supreme Revelation. Wall Street Journal. 2008-04-19 [2009-10-31]. （原始内容存档于2009-12-01）.
Thirty-two years ago, Justice John Paul Stevens sided with the majority in a famous "never mind" ruling by the Supreme Court. Gregg v. Georgia, in 1976, overturned Furman v. Georgia, which had declared the death penalty unconstitutional only four years earlier.
- Greenhouse, Linda. The Chief Justice on the Spot. New York Times. 2009-01-08 [2009-10-31]. （原始内容存档于2011-05-12）.
The federalism issue at the core of the new case grows out of a series of cases from 1997 to 2003 in which the Rehnquist court applied a new level of scrutiny to Congressional action enforcing the guarantees of the Reconstruction amendments.
- Greenhouse, Linda. William H. Rehnquist, Chief Justice of Supreme Court, Is Dead at 80. New York Times. 2005-09-04 [2009-10-31]. （原始内容存档于2011-04-30）.
United States v. Lopez in 1995 raised the stakes in the debate over federal authority even higher. The decision declared unconstitutional a Federal law, the Gun Free School Zones Act of 1990, that made it a federal crime to carry a gun within 1,000 feet of a school.
- Greenhouse, Linda. The Rehnquist Court and Its Imperiled States' Rights Legacy. New York Times. 2005-06-12 [2009-10-31]. （原始内容存档于2011-05-05）.
Intrastate activity that was not essentially economic was beyond Congress's reach under the Commerce Clause, Chief Justice Rehnquist wrote for the 5-to-4 majority in United States v. Morrison.
- Greenhouse, Linda. Inmates Who Follow Satanism and Wicca Find Unlikely Ally. New York Times. 2005-03-22 [2009-10-31]. （原始内容存档于2011-04-30）.
His (Rehnquist's) reference was to a landmark 1997 decision, City of Boerne v. Flores, in which the court ruled that the predecessor to the current law, the Religious Freedom Restoration Act, exceeded Congress's authority and was unconstitutional as applied to the states.
- Amar, Vikram David. Casing John Roberts. New York Times. 2005-07-27 [2009-10-31]. （原始内容存档于2008-10-14）.
SEMINOLE TRIBE v. FLORIDA (1996) In this seemingly technical 11th Amendment dispute about whether states can be sued in federal courts, Justice O'Connor joined four others to override Congress's will and protect state prerogatives, even though the text of the Constitution contradicts this result.
- Greenhouse, Linda. Justices Seem Ready to Tilt More Toward States in Federalism. New York Times. 1999-04-01 [2009-10-31]. （原始内容存档于2011-05-11）.
The argument in this case, Alden v. Maine, No. 98-436, proceeded on several levels simultaneously. On the surface … On a deeper level, the argument was a continuation of the Court's struggle over an even more basic issue: the Government's substantive authority over the states.
- Lindenberger, Michael A. The Court's Gay Rights Legacy. Time Magazine. [2009-10-31]. （原始内容存档于2009-11-07）.
The decision in the Lawrence v. Texas case overturned convictions against two Houston men, whom police had arrested after busting into their home and finding them engaged in sex. And for the first time in their lives, thousands of gay men and women who lived in states where sodomy had been illegal were free to be gay without being criminals.
- Justice Sotomayor. Retire the 'Ginsburg rule' – The 'Roe' recital. USA Today. 2009-07-16 [2009-10-31]. （原始内容存档于2009-08-22）.
The court's decision in Planned Parenthood v. Casey reaffirmed the court holding of Roe. That is the precedent of the court and settled, in terms of the holding of the court.
- Kamiya, Gary. Against the Law. Salon.com. 2001-07-04 [2012-11-21]. （原始内容存档于2012-10-13）.
...the remedy was far more harmful than the problem. By stopping the recount, the high court clearly denied many thousands of voters who cast legal votes, as defined by established Florida law, their constitutional right to have their votes counted. … It cannot be a legitimate use of law to disenfranchise legal voters when recourse is available. …
- Krauthammer, Charles. The Winner in Bush v. Gore?. Time Magazine. 2000-12-18 [2009-10-31]. （原始内容存档于2010-11-22）.
Re-enter the Rehnquist court. Amid the chaos, somebody had to play Daddy. … the Supreme Court eschewed subtlety this time and bluntly stopped the Florida Supreme Court in its tracks—and stayed its willfulness. By , mind you, …
- Babington, Charles; Baker, Peter. Roberts Confirmed as 17th Chief Justice. Washington Post. 2005-09-30 [2009-11-01]. （原始内容存档于2010-01-16）.
John Glover Roberts Jr. was sworn in yesterday as the 17th chief justice of the United States, enabling President Bush to put his stamp on the Supreme Court for decades to come, even as he prepares to name a second nominee to the nine-member court.
- Greenhouse, Linda. In Steps Big and Small, Supreme Court Moved Right. New York Times. 2007-07-01 [2009-11-01]. （原始内容存档于2009-04-17）.
It was the Supreme Court that conservatives had long yearned for and that liberals feared … This was a more conservative court, sometimes muscularly so, sometimes more tentatively, its majority sometimes differing on methodology but agreeing on the outcome in cases big and small.
- Savage, Charlie. Respecting Precedent, or Settled Law, Unless It's Not Settled. New York Times. 2009-07-14 [2009-11-01]. （原始内容存档于2011-05-11）.
Gonzales v. Carhart — in which the Supreme Court narrowly upheld a federal ban on the late-term abortion procedure opponents call "partial birth abortion" — to be settled law.
- A Bad Day for Democracy. The Christian Science Monitor. [2010-01-22]. （原始内容存档于2010-01-25）.
- Barnes, Robert. Justices to Decide if State Gun Laws Violate Rights. Washington Post. 2009-10-01 [2009-11-01]. （原始内容存档于2011-05-03）.
The landmark 2008 decision to strike down the District of Columbia's ban on handgun possession was the first time the court had said the amendment grants an individual right to own a gun for self-defense. But the 5 to 4 opinion in District of Columbia v. Heller...
- Greenhouse, Linda. Justice Stevens Renounces Capital Punishment. New York Times. 2008-04-18 [2009-11-01]. （原始内容存档于2008-12-11）.
His renunciation of capital punishment in the lethal injection case, Baze v. Rees, was likewise low key and undramatic.
- Greenhouse, Linda. Supreme Court Rejects Death Penalty for Child Rape. New York Times. 2008-06-26 [2009-11-01]. （原始内容存档于2008-12-11）.
The death penalty is unconstitutional as a punishment for the rape of a child, a sharply divided Supreme Court ruled Wednesday … The 5-to-4 decision overturned death penalty laws in Louisiana and five other states.
- Mintz, S. The New Deal in Decline. Digital History. University of Houston. 2007 [2009-10-27]. （原始内容存档于2008-05-05）.
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In a statement Friday morning, Murray cited Republicans' refusal to confirm or even seriously consider President Obama's nomination of Judge Merrick Garland, a similarly well-qualified jurist — and went on to lambaste President Trump's conduct in his first few months in office. [...] And Murray added she's "deeply troubled" by Gorsuch's "extreme conservative perspective on women's health," citing his "inability" to state a clear position on Roe v. Wade, the landmark abortion-legalization decision, and his comments about the "Hobby Lobby" decision allowing employers to refuse to provide birth-control coverage.
- McCaskill, Claire. Gorsuch:Good for corporations, bad for working people. 2017-03-31 [2017-04-09]. （原始内容存档于2017-04-08）.
I cannot support Judge Gorsuch because a study of his opinions reveal a rigid ideology that always puts the little guy under the boot of corporations. He is evasive, but his body of work isn't. Whether it is a freezing truck driver or an autistic child, he has shown a stunning lack of humanity. And he has been an activist - for example, writing a dissent on a case that had been settled, in what appears to be an attempt to audition for his current nomination.
- Schallhorn, Kaitlyn. Schumer: Democrats will filibuster SCOTUS nominee Neil Gorsuch. The Blaze. 2017-03-23 [2017-04-07]. （原始内容存档于2017-04-10）.
Schumer added that Gorsuch's record shows he has a "deep-seated conservative ideology" and "groomed by the Federalist Society," a conservative nonprofit legal organization.
- Matt Flegenheimer. Senate Republicans Deploy 'Nuclear Option' to Clear Path for Gorsuch. New York Times. 2017-04-06 [2017-07-02]. （原始内容存档于2018-10-02）.
After Democrats held together Thursday morning and filibustered President Trump's nominee, Republicans voted to lower the threshold for advancing Supreme Court nominations from 60 votes to a simple majority.
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Resolved, That it is the sense of the Senate that the making of recess appointments to the Supreme Court of the United States may not be wholly consistent with the best interests of the Supreme Court, the nominee who may be involved, the litigants before the Court, nor indeed the people of the United States, and that such appointments, therefore, should not be made except under unusual circumstances and for the purpose of preventing or ending a demonstrable breakdown in the administration of the Court's business.
- National Relations Board v. Noel Canning et al (PDF): 34, 35. [2017-07-02]. （原始内容存档 (PDF)于2017-07-28）. In the opinion for the Court, Breyer states "In our view, however, the pro forma sessions count as sessions, not as periods of recess. We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business. The Senate met that standard here." Later, the opinion states: "For these reasons, we conclude that we must give great weight to the Senate's own determination of when it is and when it is not in session. But our deference to the Senate cannot be absolute. When the Senate is without the capacity to act, under its own rules, it is not in session even if it so declares."
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- Vincent M. Bonventre. 6 to 3: The Impact of the Supreme Court’s Conservative Super-Majority. 紐約州律師公會. 2023-10-31 [2024-10-28]. （原始内容存档于2024-10-07） （美国英语）.
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- 戈萨奇原本信奉天主教，但在婚後參加美國聖公會的教堂。Daniel Burke. What is Neil Gorsuch's religion? It's complicated. CNN.com. 2017-03-22 [2017-07-02]. （原始内容存档于2017-06-25）.
Springer said she doesn't know whether Gorsuch considers himself a Catholic or an Episcopalian. "I have no evidence that Judge Gorsuch considers himself an Episcopalian, and likewise no evidence that he does not." Gorsuch's younger brother, J.J., said he too has "no idea how he would fill out a form. He was raised in the Catholic Church and confirmed in the Catholic Church as an adolescent, but he has been attending Episcopal services for the past 15 or so years."
- Religion of the Supreme Court. adherents.com. 2006-01-31 [2010-07-09]. （原始内容存档于2019-08-09）.
- Schumacher, Alvin. Roger B. Taney. Encyclopaedia Britannica. [2017-05-03]. （原始内容存档于2017-08-24）.
He was the first Roman Catholic to serve on the Supreme Court.
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- Baker, Peter. Kagan Is Sworn in as the Fourth Woman, and 112th Justice, on the Supreme Court. New York Times. 2010-08-07 [2010-08-08]. （原始内容存档于2010-08-07）.
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- Tapper, Jake; de Vogue, Ariane; Zeleny, Jeff; Klein, Betsy; Vazquez, Maegan. Biden nominates Ketanji Brown Jackson to be first Black woman to sit on Supreme Court. CNN. 2022-02-25 [2022-02-28]. （原始内容存档于2022-02-28）.
- Greenhouse, Linda. An Invisible Chief Justice. The New York Times. 2010-09-09 [2010-09-09]. （原始内容存档于2010-09-11）.
Had [O'Connor] anticipated that the chief justice would not serve out the next Supreme Court term, she told me after his death, she would have delayed her own retirement for a year rather than burden the court with two simultaneous vacancies. […] Her reason for leaving was that her husband, suffering from Alzheimer's disease, needed her care at home.
- Ward, Artemus. Deciding to Leave: The Politics of Retirement from the United States Supreme Court. SUNY Press. 2003: 358 [2017-07-02]. ISBN 978-0-7914-5651-4. （原始内容存档于2017-07-03）.
One byproduct of the increased [retirement benefit] provisions [in 1954], however has been a dramatic rise in the number of justices engaging in succession politics by trying to time their departures to coincide with a compatible president. The most recent departures have been partisan, some more blatantly than others, and have bolstered arguments to reform the process. A second byproduct has been an increase in justices staying on the Court past their ability to adequately contribute.[1] p. 9
- Breyer Just Missed Record as Junior Justice. [2008-01-11]. （原始内容存档于2008-01-26）.
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- Bill Mears. Take a look through Neil Gorsuch's judicial record. FoxNews.com. 2017-03-20 [2017-07-02]. （原始内容存档于2017-05-22）.
A Fox News analysis of that record -- including some 3,000 rulings he has been involved with -- reveals a solid, predictable conservative philosophy, something President Trump surely was attuned to when he nominated him to fill the open ninth seat. The record in many ways mirrors the late Justice Antonin Scalia's approach to constitutional and statutory interpretation.
- Cope, Kevin; Fischman, Joshua. It's hard to find a federal judge more conservative than Brett Kavanaugh. The Washington Post. 2018-09-05 [2020-11-02]. （原始内容存档于2020-12-10）.
Kavanaugh served a dozen years on the D.C. Circuit Court of Appeals, a court viewed as first among equals of the 12 federal appellate courts. Probing nearly 200 of Kavanaugh's votes and over 3000 votes by his judicial colleagues, our analysis shows that his judicial record is significantly more conservative than that of almost every other judge on the D.C. Circuit. That doesn't mean that he'd be the most conservative justice on the Supreme Court, but it strongly suggests that he is no judicial moderate.
- Chamberlain, Samuel. Trump nominates Brett Kavanaugh to the Supreme Court. Fox News. 2018-07-09 [2020-11-02]. （原始内容存档于2020-12-07）.
Trump may have been swayed in part because of Kavanaugh's record of being a reliable conservative on the court – and reining in dozens of administrative decisions of the Obama White House. There are some question marks for conservatives, particularly an ObamaCare ruling years ago.
- Thomson-Devaux, Amelia; Bronner, Laura; Wiederkehr, Anna. How conservative is Amy Coney Barrett?. FiveThirtyEight. 2020-10-14 [2020-10-27]. （原始内容存档于2020-12-11）.
We can look to her track record on the 7th U.S. Circuit Court of Appeals, though, for clues. Barrett has served on that court for almost three years now, and two different analyses of her rulings point to the same conclusion: Barrett is one of the more conservative judges on the circuit — and maybe even the most conservative.
- Betz, Bradford. Chief Justice Roberts' recent votes raise doubts about 'conservative revolution' on Supreme Court. Fox News. 2019-03-02 [2020-11-02]. （原始内容存档于2020-11-18）.
Erwin Chemerinsky, a law professor at the University of California at Berkeley, told Bloomberg that Roberts' recent voting record may indicate that he is taking his role as the median justice "very seriously" and that the recent period was "perhaps the beginning of his being the swing justice."
- Roeder, Oliver. How Kavanugh will change the Supreme Court. FiveThirtyEight. 2018-10-06 [2020-11-02]. （原始内容存档于2020-12-07）.
Based on what we know about measuring the ideology of justices and judges, the Supreme Court will soon take a hard and quick turn to the right. It's a new path that is likely to last for years. Chief Justice John Roberts, a George W. Bush appointee, will almost certainly become the new median justice, defining the court's new ideological center.
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- Plan Your Trip (quote:) "In mid-May, after the oral argument portion of the Term has concluded, the Court takes the Bench Mondays at 10AM for the release of orders and opinions.". US Senator John McCain. 2009-10-24 [2009-10-24]. （原始内容存档于2009-10-30）.
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On May 28, [U.S. Attorney General William] Moody did something unprecedented, then and now. He filed a petition charging Sheriff Shipp, six deputies and 19 leaders of the lynch mob with contempt of the Supreme Court. The justices unanimously approved the petition and agreed to retain original jurisdiction in the matter. ... May 24, 1909, stands out in the annals of the U.S. Supreme Court. On that day, the court announced a verdict after holding the first and only criminal trial in its history.
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United States v. Shipp stands out in the history of the Supreme Court as an anomaly. It remains the only time the Court has conducted a criminal trial.
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- For example, the arguments on the constitutionality of the Patient Protection and Affordable Care Act took place over three days and lasted over six hours, covering several issues; the arguments for Bush v. Gore were 90 minutes long; oral arguments in United States v. Nixon lasted three hours; and the Pentagon papers case was given a two-hour argument. Christy, Andrew. 'Obamacare' will rank among the longest Supreme Court arguments ever. NPR. 2011-11-15 [2011-03-31]. （原始内容存档于2011-11-16）. The longest modern-day oral arguments were in the case of California v. Arizona, in which oral arguments lasted over sixteen hours over four days in 1962.Bobic, Igor. Oral arguments on health reform longest in 45 years. Talking Points Memo. 2012-03-26 [2014-01-31]. （原始内容存档于2014-02-04）.
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|volume=被忽略 (帮助);|issue=被忽略 (帮助) - Liptak and Kopicki, The New York Times, June 7, 2012 Approval Rating for Justices Hits Just 44% in New Poll （页面存档备份，存于互联网档案馆）
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a lack of judicial authority to enter an inherently political question that had previously been left to the states
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he has written scathingly of Roe v. Wade
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The Brown decision of 1954, desegregating the schools of 17 states and the District of Columbia, awakened the nation to the court's new claim to power.
- Clymer, Adam. Barry Goldwater, Conservative and Individualist, Dies at 89. The New York Times. 1998-05-29 [2009-10-22]. （原始内容存档于2013-03-07）.
- Stone, Geoffrey R. Citizens United and conservative judicial activism (PDF). University of Illinois Law Review (University of Illinois). 2012-03-26, 2012 (2): 485–500 [2017-07-03]. （原始内容存档 (PDF)于2016-05-14）.
- Lincoln, Abraham. First Inaugural Address. National Center. 1861-03-04 [2009-10-23]. （原始内容存档于2009-10-09）.
At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
- Will, George F. Identity Justice: Obama's Conventional Choice. Washington Post. 2009-05-27 [2009-10-22]. （原始内容存档于2011-05-03）.
Thurgood Marshall quote taken from the Stanford Law Review, summer 1992
- Liptak, Adam. To Nudge, Shift or Shove the Supreme Court Left. New York Times. 2009-01-31 [2009-10-23]. （原始内容存档于2011-05-12）.
Every judge who's been appointed to the court since Lewis Powell...in 1971...has been more conservative than his or her predecessor
- Babington, Charles. Senator Links Violence to 'Political' Decisions. Washington Post. 2005-04-05 [2009-10-22]. （原始内容存档于2010-04-28）.
- Liptak, Adam. A Court Remade in the Reagan Era's Image. New York Times. 2006-02-02 [2009-10-22]. （原始内容存档于2011-05-11）.
- Savage, David G. Supreme Court finds history is a matter of opinions. Los Angeles Times. 2008-07-13 [2009-10-22]. （原始内容存档于2010-04-13）.
- Andrew P. Napolitano. No Defense. The New York Times. 2005-02-17 [2009-10-23]. （原始内容存档于2011-05-12）.
- Edsall, Thomas B.; Fletcher, Michael A. Again, Right Voices Concern About Gonzales. Washington Post. 2005-09-05 [2009-10-23]. （原始内容存档于2008-05-12）.
- Lane, Charles. Conservative's Book on Supreme Court Is a Bestseller. Washington Post. 2005-03-20 [2009-10-23]. （原始内容存档于2008-10-15）.
- Kakutani, Michiko. Appointees Who Really Govern America. New York Times. 2009-07-06 [2009-10-27]. （原始内容存档于2011-05-12）.
- Emily Bazelon. The Supreme Court on Trial: James MacGregor Burns takes aim at the bench.. Slate. 2009-07-06 [2009-10-27]. （原始内容存档于2009-11-05）.
- Stuart Taylor Jr. Reagan Points to a Critic, Who Points Out It Isn't So. New York Times. 1987-10-15 [2009-10-23]. （原始内容存档于2011-05-11）.
- Kelley Beaucar Vlahos. Judge Bork: Judicial Activism Is Going Global. Fox News. 2003-09-11 [2009-10-23]. （原始内容存档于2010-05-23）.
What judges have wrought is a coup d'état – slow moving and genteel, but a coup d'état nonetheless.
- Naftali Bendavid. Franken: 'An Incredible Honor to Be Here'. Wall Street Journal. 2009-07-13 [2009-10-22]. （原始内容存档于2009-09-18）.
- Hazard, Geoffrey C. Jr. Supreme Court as a Legislature 64. Cornell L. Rev.: 1. 1978–79. （原始内容存档于2011-04-29）.
- William Safire. Dog Whistle. New York Times Magazine. 2005-04-24 [2009-10-22]. （原始内容存档于2011-05-12）.
- David G. Savage. Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions?. Los Angeles Times. 2008-10-23 [2009-10-23]. （原始内容存档于2008-10-23）.
- Laura Mansnerus. Diminished Eminence In a Changed Domain. New York Times. 2005-10-16 [2009-10-22]. （原始内容存档于2011-04-30）.
- Ronald Smothers. In Long Branch, No Olive Branches. New York Times. 2005-10-16 [2009-10-22]. （原始内容存档于2011-04-30）.
- Adam Cohen. Editorial Observer – A Supreme Court Reversal: Abandoning the Rights of Voters. New York Times. 2008-01-15 [2009-10-23]. （原始内容存档于2011-05-11）.
- David G. Savage. Supreme Court finds history is a matter of opinions. Los Angeles Times. 2008-07-13 [2009-10-30]. （原始内容存档于2010-04-13）.
This suggests that the right of habeas corpus was not limited to English subjects … protects people who are captured … at Guantanamo … Wrong, Justice Antonin Scalia wrote in dissent. He said English history showed that the writ of habeas corpus was limited to sovereign English territory
- George F. Will. Identity Justice: Obama's Conventional Choice. Washington Post. 2009-05-27 [2009-10-22]. （原始内容存档于2011-05-03）.
- James Taranto. Speaking Ruth to Power. Wall Street Journal. 2009-06-09 [2009-10-22]. （原始内容存档于2009-12-01）.
- Larry Sabato. It's Time to Reshape the Constitution and Make America a Fairer Country. Huffington Post. 2007-09-26 [2009-10-23]. （原始内容存档于2010-05-31）.
- Christopher Moore. Our Canadian Republic – Do we display too much deference to authority … or not enough?. Literary Review of Canada. 2008-11-01 [2009-10-23]. （原始内容存档于2009-11-11）.
- Madison, James. The Federalist Papers/No. 45 The Alleged Danger From the Powers of the Union to the State Governments Considered. Wikisource. 1789 [2009-10-24]. （原始内容存档于2009-09-23）.
the States will retain, under the proposed Constitution, a very extensive portion of active sovereignty
- Alexander Hamilton (aka Publius). Federalist No. 28. Independent Journal. 1789 [2009-10-24]. （原始内容存档于2009-07-09）.
Power being almost always the rival of power; the General Government will at all times stand ready to check the usurpations of the state government; and these will have the same disposition toward the General Government.
- Madison, James. The Federalist. Independent Journal (44 (quote: 8th para)). 1788-01-25 [2009-10-27]. （原始内容存档于2009-10-27）.
seems well calculated at once to secure to the States a reasonable discretion in providing for the conveniency of their imports and exports, and to the United States a reasonable check against the abuse of this discretion.
- Madison, James. The Federalist No. 56 (quote: 6th para). Independent Journal. 1788-02-16 [2009-10-27]. （原始内容存档于2009-02-15）.
In every State there have been made, and must continue to be made, regulations on this subject which will, in many cases, leave little more to be done by the federal legislature, than to review the different laws, and reduce them in one general act.
- Alexander Hamilton. The Federalist No. 22 (quote: 4th para). New York Packet. 1787-12-14 [2009-10-27]. （原始内容存档于2010-02-03）.
The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intercourse between the different parts of the Confederacy.
- Madison, James. The Federalist Papers. New York Packet. 1788-01-22 [2009-10-27]. （原始内容存档于2009-07-09）.
The regulation of commerce with the Indian tribes is very properly unfettered from two limitations in the articles of Confederation, which render the provision obscure and contradictory. The power is there restrained to Indians, not members of any of the States, and is not to violate or infringe the legislative right of any State within its own limits.
- Akhil Reed Amar. The Bill of Rights – Creation and Reconstruction. New York Times: Books. 1998 [2009-10-24]. （原始内容存档于2009-04-16）.
many lawyers embrace a tradition that views state governments as the quintessential threat to individual and minority rights, and federal officials—especially federal courts—as the special guardians of those rights.
- Scott Gold. Justices Swat Down Texans' Effort to Weaken Species Protection Law. Los Angeles Times. 2005-06-14 [2012-03-24]. （原始内容存档于2012-01-12）.
Purcell filed a $60-million lawsuit against the U.S. government in 1999, arguing that cave bugs could not be regulated through the commerce clause because they had no commercial value and did not cross state lines. 'I'm disappointed,' Purcell said.
- Robert B. Reich. The Commerce Clause; The Expanding Economic Vista. New York Times Magazine. 1987-09-13 [2009-10-27]. （原始内容存档于2011-05-12）.
- FDCH e-Media. U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court. Washington Post. 2006-01-10 [2009-10-30]. （原始内容存档于2008-10-19）.
I don't think there's any question at this point in our history that Congress' power under the commerce clause is quite broad, and I think that reflects a number of things, including the way in which our economy and our society has developed and all of the foreign and interstate activity that takes place – Samuel Alito
- Cohen, Adam. Editorial Observer; Brandeis's Views on States' Rights, and Ice-Making, Have New Relevance. New York Times. 2003-12-07 [2009-10-30]. （原始内容存档于2011-05-11）.
But Brandeis's dissent contains one of the most famous formulations in American law: that the states should be free to serve as laboratories of democracy
- Graglia, Lino. Altering 14th Amendment would curb court's activist tendencies. University of Texas School of Law. 2005-07-19 [2009-10-23]. （原始内容存档于2010-12-04）.
- James Vicini. Justice Scalia defends Bush v. Gore ruling. Reuters. 2008-04-24 [2009-10-23]. （原始内容存档于2008-09-30）.
The nine-member Supreme Court conducts its deliberations in secret and the justices traditionally won't discuss pending cases in public
- David Margolick. Meet the Supremes. New York Times. 2007-09-23 [2009-10-23]. （原始内容存档于2011-05-12）.
Beat reporters and academics initially denounced the court's involvement in that case, its hastiness to enter the political thicket and the half-baked and strained decision that resulted.
- Public Says Televising Court Is Good for Democracy. PublicMind.fdu.edu. 2010-03-09 [2010-12-14]. （原始内容存档于2011-05-01）.
- Mauro, Tony. Poll Shows Public Support for Cameras at the High Court. National Law Journal. 2010-03-09 [2010-12-18]. （原始内容存档于2010-07-05）.
- C-SPAN Supreme Court Week. CSPAN. 2009-10-04 [2009-10-25]. （原始内容存档于2009-10-09）.
- James Vicini. Justice Scalia defends Bush v. Gore ruling. Reuters. 2008-04-24 [2009-10-23]. （原始内容存档于2008-09-30）.
Scalia was interviewed for the CBS News show "60 Minutes
- David G. Savage. Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions?. Los Angeles Times. 2008-10-23 [2009-10-23]. （原始内容存档于2008-10-23）.
UC Berkeley law professor Goodwin Liu described the decision as 'utterly lacking in any legal principle" and added that the court was "remarkably unashamed to say so explicitly.'
- McConnell, Michael W. Two-and-a-Half Cheers for Bush v Gore. University of Chicago Law Review. 2001-06-01 [2016-02-16]. （原始内容存档于2016-02-25）.
- CQ Transcriptions (Senator Kohl). Key Excerpt: Sotomayor on Bush v. Gore. Washington Post. 2009-07-14 [2009-10-23]. （原始内容存档于2011-05-13）.
Many critics saw the Bush v. Gore decision as an example of the judiciary improperly injecting itself into a political dispute"
- Adam Cohen (Opinion section). Justice Rehnquist Writes on Hayes vs. Tilden, With His Mind on Bush v. Gore. New York Times. 2004-03-21 [2009-10-23]. （原始内容存档于2011-05-11）.
The Bush v. Gore majority, made up of Mr. Rehnquist and his fellow conservatives, interpreted the equal protection clause in a sweeping way they had not before, and have not since. And they stated that the interpretation was 'limited to the present circumstances,' words that suggest a raw exercise of power, not legal analysis.
- Kevin McNamara (letter to the editor). Letters – Supreme Court Activism?. New York Times. 2009-06-03 [2009-10-23]. （原始内容存档于2011-05-11）.
- CQ Transcriptions. U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court. Washington Post. 2006-01-13 [2009-10-28]. （原始内容存档于2011-04-29）.
...Baker v. Carr, the reapportionment case. We heard Justice Frankfurter who delivered a scathing dissent in that...
- Linda Greenhouse. New Focus on the Effects of Life Tenure. New York Times. 2007-09-10 [2009-10-10]. （原始内容存档于2010-07-26）.
- Sanford Levinson. Supreme court prognosis – Ruth Bader Ginsburg's surgery for pancreatic cancer highlights why US supreme court justices shouldn't serve life terms. The Guardian (London). 2009-02-09 [2009-10-10]. （原始内容存档于2013-09-06）.
- Alexander Hamilton. The Federalist No. 78. Independent Journal. 1788-06-14 [2009-10-28]. （原始内容存档于2010-01-11）.
and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
- Justice Obscured: Supreme court justices earn quarter-million in cash on the side. https://www.publicintegrity.org/2014/06/20/14981/supreme-court-justices-earn-quarter-million-cash-side （页面存档备份，存于互联网档案馆）
- Scalia Took Dozens of Trips Funded by Private Sponsors. Eric Lipton. New York Times. February 26, 2016. http://www.nytimes.com/2016/02/27/us/politics/scalia-led-court-in-taking-trips-funded-by-private-sponsors.html?_r=0 （页面存档备份，存于互联网档案馆）
- Why Justice Scalia was staying for free at a Texas resort. Mark Berman and Jerry Markon. Washington Post. February 17, 2016. https://www.washingtonpost.com/news/post-nation/wp/2016/02/17/justice-scalias-death-and-questions-about-who-pays-for-supreme-court-justices-to-visit-remote-resorts/ （页面存档备份，存于互联网档案馆）
webcitation.org
- History of the Federal Judiciary: Impeachments of Federal Judges. Federal Judicial Center fjc.gov. [2012-03-18]. （原始内容存档于2010-12-08）.
wikipedia.org
en.wikipedia.org
- 美國法典第5编 § 第2902節.
- 美國法典第28编 § 第4節. If two justices are commissioned on the same date, then the oldest one has precedence.
- 美國法典第28编 § 第1254節
- 美國法典第28编 § 第1259節
- 美國法典第28编 § 第1258節
- 美國法典第28编 § 第1260節
- 美國法典第28编 § 第1257節
- 美國法典第28编 § 第1254節
- 美國法典第28编 § 第1257節; see also Adequate and independent state grounds
- 美國法典第28编 § 第1872節 See Georgia v. Brailsford, 3 U.S. 1 (1794), in which the Court conducted a jury trial.
- 美國法典第28编 § 第1節
- 美國法典第28编 § 第2109節
wikisource.org
en.wikisource.org
- Madison, James. The Federalist Papers/No. 45 The Alleged Danger From the Powers of the Union to the State Governments Considered. Wikisource. 1789 [2009-10-24]. （原始内容存档于2009-09-23）.
the States will retain, under the proposed Constitution, a very extensive portion of active sovereignty
wsj.com
online.wsj.com
- Lipsky, Seth. All the News That's Fit to Subsidize. Wall Street Journal. 2009-10-22 [2009-10-31]. （原始内容存档于2013-12-19）.
He was a farmer in Ohio … during the 1930s, when subsidies were brought in for farmers. With subsidies came restrictions on how much wheat one could grow—even, Filburn learned in a landmark Supreme Court case, Wickard v. Filburn (1942), wheat grown on his modest farm.
- A Supreme Revelation. Wall Street Journal. 2008-04-19 [2009-10-31]. （原始内容存档于2009-12-01）.
Thirty-two years ago, Justice John Paul Stevens sided with the majority in a famous "never mind" ruling by the Supreme Court. Gregg v. Georgia, in 1976, overturned Furman v. Georgia, which had declared the death penalty unconstitutional only four years earlier.
- Root, Damon W. Lochner and Liberty. Wall Street Journal. 2009-09-21 [2009-10-23]. （原始内容存档于2009-10-01）.
- James Taranto. Speaking Ruth to Power. Wall Street Journal. 2009-06-09 [2009-10-22]. （原始内容存档于2009-12-01）.
blogs.wsj.com
- Slater, Dan. Justice Stevens on the Death Penalty: A Promise of Fairness Unfulfilled. Wall Street Journal. 2008-04-18 [2009-10-31]. （原始内容存档于2012-01-25）.
The first Chief Justice, John Marshall set out to do away with seriatim opinions–a practice originating in England in which each appellate judge writes an opinion in ruling on a single case. (You may have read old tort cases in law school with such opinions). Marshall sought to do away with this practice to help build the Court into a coequal branch.
- Naftali Bendavid. Franken: 'An Incredible Honor to Be Here'. Wall Street Journal. 2009-07-13 [2009-10-22]. （原始内容存档于2009-09-18）.
yale.edu
avalon.law.yale.edu
- Alexander Hamilton (aka Publius). Federalist No. 28. Independent Journal. 1789 [2009-10-24]. （原始内容存档于2009-07-09）.
Power being almost always the rival of power; the General Government will at all times stand ready to check the usurpations of the state government; and these will have the same disposition toward the General Government.
- Madison, James. The Federalist Papers. New York Packet. 1788-01-22 [2009-10-27]. （原始内容存档于2009-07-09）.
The regulation of commerce with the Indian tribes is very properly unfettered from two limitations in the articles of Confederation, which render the provision obscure and contradictory. The power is there restrained to Indians, not members of any of the States, and is not to violate or infringe the legislative right of any State within its own limits.