Active Liberty
Justice Breyer published a book that arose from a lecture series [it is a small-sized book and is around 130 pages] usefully timed in 2005, which would be the beginning of the Roberts Court. I have referenced it from time to time.
Breyer usefully summarized the different ways judges interpret the law and Constitution:
They read the text’s language along with related language in other parts of the document. They take account of its history, including history that shows what the language likely meant to those who wrote it. They look to tradition indicating how the relevant language was, and is, used in the law. They examine precedents interpreting the phrase, holding or suggesting what the phrase means and how it has been applied. They try to understand the phrase’s purposes or (in respect to many constitutional phrases) the values that it embodies, and they consider the likely consequences of the interpretive alternatives, valued in terms of the phrase’s purposes.
The book itself argues judges should promote "active liberty" in close cases. Active liberty is an expression of the people's will through democracy. Freedom of speech would easily fit as a way individual liberty intersects with active liberty. Breyer takes a pragmatic, purpose-filled approach.
The Originalism Trap promotes inclusive constitutionalism, which overlaps. The author goes into more detail about how individual liberty is essential for democracy. For instance, women's control of their bodies is vital for their equal role in democracy. Her book is less purpose-driven.
Before the most recent volume, Breyer had two longer books about the Supreme Court generally (including a celebratory view focused on a few cases) and international law. Both books are somewhat recommended though the first one is again probably a rosy-eyed view of things.
Vice President Harris' husband also published his Glossip v. Gross death penalty dissent with commentary. Breyer also had what amounted to an extended lecture against politicizing the Supreme Court. Let's say, this didn't go over well in some quarters (including here but read LL).
Meanwhile, his replacement does what a liberal justice should do: speak to the future, just like Rehnquist and Thomas did/do. Hopefully, a majority will form around her.
Court Ethics
"Appointment of a special counsel would serve the public interest," Whitehouse and Wyden wrote in their letter. "The public must have confidence that the judiciary and the Department of Justice execute their responsibilities fairly, impartially, and without respect to political expedience or partisan interests."
The Senate Judiciary Committee could have had public hearings on this question. Durbin, however, mostly wants to write letters and pontificate. I truly hope if the Democrats manage to win the House back that Rep. Raskin and others will be more proactive on such questions.
Impeachment
AOC filed impeachment articles for Thomas and Alito.
The articles involve failure to disclose and recuse. The Alito articles do not include his failure to recuse in Moore v. U.S.
The articles are avenues to promote a message regarding the corruption of the Supreme Court. Others might argue justices should be impeached for joining certain cases, including the immunity decision. That would set a bigger precedent.
I'm not sure but perhaps an impeachment resolution is privileged and the House has to vote on it, if only to deny reporting it to a committee. I appreciate the effort.
Chief Justice John Roberts should also resign for not doing his job, including providing leadership (the good kind). I doubt he committed as blatant an impeachable offense.
Lower Court Judge Resigns
The investigation found he engaged in unwanted and abusive conduct. He had an inappropriate sexual relationship with a former law clerk, and then he actually lied to the chief judge and others about that relationship.
Meanwhile, the value of a binding ethics code with an investigatory system in place was shown in a case involving a district court judge nominated by Trump. Some nasty details. A tip to the Ninth Circuit led to a review panel and the appointment of an outside investigator.
The Supreme Court self-regulates. Thomas doesn't think anything is present worth worrying about.
Security Shoots Teen
The shooting occurred Friday at 1:17 a.m. around the U Street corridor, D.C. police said.
Kentrell Flowers, 18, of Southeast Washington was a passenger in a silver Toyota minivan that pulled alongside a parked unmarked government vehicle and stopped, according to court documents. A marshal was seated inside the vehicle as Flowers left the van’s rear right passenger door and approached and pointed a handgun through the window in an apparent attempted carjacking, charging documents say.
A member of Justice Sotomayor's security team shot a teenager who allegedly tried to carjack his car. A major act of misjudgment on the teen's part.
A few people might recall that a bodyguard of Justice Stephen Field shot and killed someone in self-defense. The Supreme Court broadly (but not unanimously) upheld his right to do so. The incident arose from a personal grudge, one of multiple differences between the two events.
Other News
The Supreme Court used to have a formal end-of-session during the summer. Any summer sessions would have to be specially reconvened. After 1980, that changed, and the term does not formally end until the new one starts in October.
[Discussed here in the trivia section.]
The Supreme Court, however, has limited activity, including three scheduled summer order lists. Other than that, we can look for stray orders, things like corrections of opinions (typically mild typos), and the latest Alito flag news.
The time does provide an opportunity for a more complete examination of wider issues as well as the many cases decided in June. Some newspapers might take a break from their Biden is Disarray (even while he does things like having good NATO speeches) coverage to cover such things.
For instance, multiple cases will have significant effects on the Administrative State. A few articles, with input from agency personnel, experts, and so on, would be helpful.
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