Articles Posted in Commentary and Opinion

by

The Social Security Administration (SSA) and legal scholars have offered sharply differing perspectives on the recently enacted One Big Beautiful Bill. In an official communication, the SSA hails the legislation as a historic victory for seniors, emphasizing tax relief for nearly 90% of Social Security recipients. By contrast, in a commentary published by VERDICT: Legal Analysis and Commentary from Justia, Amherst professor Austin Sarat criticizes the SSA’s messaging as a politicized distortion, arguing that it prioritizes presidential branding over transparency and fails to address the deeper structural challenges facing Social Security. These conflicting narratives raise important questions about policy substance, public trust, and the politicization of federal agencies.

VIEW ONE:

From the Social Security Administration:

Continue reading

by

Report from the Congressional Budget Office (CBO): July 9, 2025.

The federal budget deficit totaled $1.3 trillion in the first nine months of fiscal year 2025, CBO estimates. That amount is $65 billion more than the deficit recorded during the same period last fiscal year.

SUMMARY:

Continue reading

by
“Normally we interpret the golden rule as telling us how to act. But in practice its greater role may be psychological, alerting us to everyday self-absorption, and the failure to consider our impacts on others. The rule reminds us also that we are peers to others who deserve comparable consideration.”
In The Golden Rule of Constitutional Interpretation, published in VERDICT: Legal Analysis and Commentary from Justia on July 1, 2025, UC Davis Law Professor Vikram David Amar and Professor Emeritus Alan E. Brownstein explore the imperative of applying constitutional principles consistently, irrespective of political affiliations or desired outcomes. Drawing on examples from case law involving free speech, federalism, and equal protection, the authors advocate for what they term a “Golden Rule” approach to constitutional interpretation: legal standards should be applied evenly, even when doing so produces results that conflict with one’s own political or ideological preferences. While recognizing the inherent challenges in suppressing partisan impulses, Amar and Brownstein emphasize that fidelity to this rule is essential for maintaining the legitimacy and integrity of constitutional adjudication
Continue reading

by

The legislative branch of the United States government (embodied in Congress, which consists of the House of Representatives and the Senate) is the cornerstone of the federal lawmaking process and a central pillar of the constitutional system of checks and balances. Through its exclusive powers to enact laws, oversee the executive branch, and shape national policy, Congress functions within a broader framework of shared authority known as the separation of powers.

In this posting, we explore key questions surrounding the legislative process, followed by overviews of congressional powers beyond lawmaking, the practical operation of separation of powers, and the exercise of war powers in a divided government. Our goal is to provide material that will be useful to law and legislative librarians, the legal profession at large, and anyone whose work or civic responsibilities require engagement with these fundamental issues.

I. Lawmaking Authority

Continue reading

by

In a timely and thought-provoking piece published in the Criminal Justice Magazine (Spring 2025), Richard Alan Ginkowski, a judge, and legal educator who has contributed to American Bar Association publications, urges legal professionals and advocates to take a closer look at an often-overlooked resource: their own state constitutions. His article, titled “Your State Has a Constitution. Why Not Use It?,” appears in the Spring 2025 issue of Criminal Justice Magazine, a publication of the ABA’s Criminal Justice Section.

Ginkowski’s analysis highlights how state constitutions, often richer in individual rights and more flexible than their federal counterpart, can serve as powerful tools in advancing criminal justice reform, protecting civil liberties, and shaping legal strategy. By drawing attention to recent judicial decisions and emerging advocacy trends, the article reminds practitioners that when federal remedies fall short, state constitutional claims may offer a compelling alternative.

This article is essential reading for anyone involved in litigation, policymaking, or public interest advocacy, offering a fresh perspective on how to reinvigorate the use of state-level constitutional law in the pursuit of justice.

Continue reading

by

Introduction

The post referenced below is an adapted excerpt from “The ‘Seizure of Power’ 2025: An Historical Reflection,” authored by Professor Matthew W. Finkin, Research Professor of Law at the University of Illinois at Urbana-Champaign. Originally delivered as a comprehensive lecture at Mander Hall in London on March 18, 2025, this version has been condensed and selectively edited for publication by Justia Verdict, where it appeared on June 5, 2025 .

In this incisive analysis, Professor Finkin draws a compelling historical parallel between actions undertaken by President Trump in 2025 and the early methods of consolidation used by the National Socialist regime in 1933. He examines significant developments such as the purging of civil servants, the creation of loyalty-driven structures like the Office of Government Efficiency (DOGE), and mounting judicial and institutional threats to underscore the risks surrounding democratic erosion in what he terms a possible “seizure of power.”

Continue reading

by

In his June 4, 2025 article for The Washington Post, technology columnist Geoffrey A. Fowler explores the capabilities of leading AI chatbots in comprehending and summarizing complex texts. Titled “5 AI bots took our tough reading test. One was smartest , and it wasn’t ChatGPT,” the piece details a comprehensive evaluation of five AI tools: ChatGPT, Claude, Copilot, Meta AI, and Gemini across diverse domains including literature, law, health science, and politics. Fowler’s investigation reveals that while some AI responses were impressively insightful, others were notably flawed, highlighting the varying degrees of reliability among these tools. Notably, Claude emerged as the top performer, demonstrating consistent accuracy and depth of understanding across the tested subjects.css.washingtonpost.com+1washingtonpost.com+1

You can read the full article here: washingtonpost.com

Additional Information:

Continue reading

by

In an era where artificial intelligence is reshaping the legal landscape, understanding its practical applications becomes essential for modern practitioners. Carolyn Elefant, a seasoned attorney and founder of MyShingle.com, offers a compelling firsthand account of this evolution. In her timely article, “My Experience Comparing Lexis and ChatGPT Deep Research,” published on May 20, 2025, Elefant delves into a real world comparison between traditional legal research tools and emerging AI driven solutions. Her insights shed light on the efficiencies and challenges presented by these technologies, providing valuable perspectives for legal professionals navigating this transformative period.

My Shingle+9My Shingle+9My Shingle+9My Shingle+6My Shingle+6My Shingle+

My Experience Comparing Lexis and ChatGPT Deep Research

Continue reading

by

These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

Continue reading

by

Opening Statement:

In a democracy founded on the rule of law, the independence of the legal profession is not merely a professional concern, it is a public necessity. Recent events involving unprecedented attempts to target a prominent law firm highlight the critical intersection between the role of lawyers and the constitutional limits on presidential power. Understanding this moment requires not only examining the specific facts but appreciating the broader principles at stake: free speech, access to counsel, and the preservation of democratic governance against executive overreach.

Introduction

Continue reading
Contact Information
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, David Badertscher
JUSTIA Law Firm Blog Design