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Erosion of judicial independence

The sustained and continuing erosion of judicial independence is amonog the most important themes in my written work. Below are a series of articles that explore this disturbing theme in greater detail:

  • On April 29, 2014, I published "Hedges v. Obama: The Supreme Court digs its head deeper into the sand," examining the Supreme Court's refusal to consider an appeal challenging the government's authority to indefinitely detain Americans without trial.
  • On February 27, 2013, I published "Clapper v Amnesty: Courts and Congress v Our Constitution," explaining the Supreme Court's dismissal of an appeal challenging mass NSA surveillance citing an absence of proof, mere weeks before whistleblower Edward Snowden revealed to the world incendiary facts (alleged by the Clapper plaintiffs) that the Supreme Court refused to consider.
  • On August 16, 2012, I published "Fazaga v. FBI: Eroding democracy, in two dimensions at once," reviewing a federal district court's disturbing ruling allowing the FBI to evade public accountability for infiltrating faith institutions, monitoring law-abiding people, recording sexual encounters to use for blackmail, and then lying about all of it -- to a judge who, after a previous case, expressed frustration about FBI lies in similar contexts. 
  • In the summer of 2012, Loyola Law School's Public Interest Law Reporter published my symposium keynote, "Constitutional Catastrophe: The National Defense Authorization Act vs. the Bill of Rights," examining the erosion of judicial independence through the lens of restrictive constitutional standing, the state secrets privilege, the preponderence of former prosecutors on the bench, and the escalating judicial vacancy crisis driven by the Senate's refusal to confirm President Obama's judicial nominees.

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