Legal expert Steve Vladeck discusses Supreme Court reform proposals, shadow docket, and court accountability. They explore emergency relief grants, Congress's role, and historical accountability methods. Also, the episode covers legal analysis of music performance substitution and complexities in contract delegation.
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Quick takeaways
Emphasizing mandatory appeals to diversify the Supreme Court docket complements its discretionary power.
Proposing an Article III Inspector General for judicial oversight focuses on transparency and compliance over punishment.
Cautions against court expansion as a solution highlight the need for accountability and legitimacy in reform efforts.
Deep dives
Revised Supreme Court Docket Proposal
Rethinking the Supreme Court's docket to include mandatory appeals, taking some pressure off the Court's discretionary choices. By allowing a court of appeals majority to push cases onto the docket, it forces the Court to engage with vital but less headline-worthy cases, enhancing judicial workmanship.
Article III Inspector General Proposal
Proposing an Article III Inspector General tasked to monitor justices' adherence to procedural and ethical rules, offering transparency without punitive powers. Emphasizing shaming rather than punishment, this oversight aims to foster justices' compliance and potentially build a case for impeachment in extreme cases.
Opposition to Court Expansion
Expressing concerns over court expansion as a solution due to its potential to trigger retaliatory expansions and the belief that it doesn't address the core issue of accountability. Arguing that a larger Court does not inherently ensure greater accountability or address the root problem of unaccountability within the institution.
Accountability Over Pure Partisanship
Prioritizing the idea that court legitimacy and accountability should be foundational elements of reform. While acknowledging the lure of partisanship-driven solutions, like expansion, focusing on long-term legitimacy and accountability considerations is paramount.
Personal Services Contract Cannot Be Delegated
Contracts for personal services, like musical performances, cannot be delegated to another performer, even if they possess equal skill and reputation. The famous violinist cannot fulfill her obligations by substituting with a protege, leading to a breach of contract if the symphony refuses the replacement.
Accountability and Delegation in Contracts
Delegating a personal services contract is not permissible, highlighting the importance of accountability in contractual obligations. The inability to delegate such contracts ensures that the original parties are held to their specific responsibilities, preventing substitutions from altering the terms of the agreement.
We're very pleased to welcome Steve Vladeck on the show to talk about what's going on with the Supreme Court these days, and how shadowy their docket has been recently. We then dig into (and debate a touch) a recent piece he wrote regarding a different way to conceptualize about court reform, and what he personally sees as viable and appropriate among the various proposals for change.
Be sure to read The Shadow Docket, which will be released on paperback soon, and subscribe to One First to get more of Steve's great coverage!
Then we reveal the answer to last episode's T3BE; did Thomas successfully determine the fate of Rebecca the violinist? And who from the audience will be the lucky winner?!
Remember to head over to www.patreon.com/gavelpod to follow our Trump Trial coverage ahead of the public release of the show!
If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!
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