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Michael J. Broyde on Muck Rack

Michael J. Broyde

New York
As seen in: CNN, The Washington Post, Aol, Newsweek, OUPblog, The Wall Street Journal, The Times of Israel, Haaretz, The Atlanta Journal-Constitution, Yahoo and
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Articles

Why an Atlanta-based federal judge’s misconduct became Congress’ business

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By Michael J. Broyde
| The Atlanta Journal-Constitution Verified
Federal judges are supposed to be independent. They should not fear removal because Congress dislikes their rulings, politics or interpretive methods. Judicial independence is one of the Constitution’s great protections for the rule of law. But independence is not impunity. The Constitution does not say that federal judges hold office for life, no matter what they do. Article III says they “shall hold their Offices during good Behaviour” (the British spelling). That phrase matters.
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Why it doesn’t matter if Todd Blanche gets confirmed as attorney general

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By Michael J. Broyde
| The Atlanta Journal-Constitution Verified
Washington is treating Todd Blanche’s nomination to be attorney general as if the future leadership of the Justice Department hangs in the balance. It does not. Mr. Blanche already serves as acting attorney general. More importantly, because he is the Senate-confirmed deputy attorney general, he can continue performing the attorney general’s duties whether or not the Senate confirms him for the permanent position.
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Supreme Court Term Limits Are Not a Cure-All: They Are Extremely Unwise if Enacted by Statute

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By Michael J. Broyde
| National Law Journal Verified
Michael J. Broyde, professor of law at Emory University School of Law. Courtesy photo A few days ago I wrote a critique of U.S. Supreme Court term limits, which the National Law Journal published. Joe Patrice published a response in Above the Law titled “Broadside Against Supreme Court Term Limits Misses The Mark.” His response was spirited, engaging, and in one important respect correct: The term-limits movement is no longer merely theoretical.
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