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Balls & Strikes

@ballsandstrikes.org

A nonprofit media outlet for progressive, bullshit-free commentary about courts, judges, and the legal system they uphold. Run by @jaywillis.net.

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Latest posts by Balls & Strikes @ballsandstrikes.org

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How the Supreme Court’s Conservatives Created the Tariff Refunds “Mess” Brett Kavanaugh called the prospect of refunding Trump’s tariffs a “mess.” But he and his colleagues are the ones who created it.

Leave it to Brett Kavanaugh to complain about a logistical "mess" that he voted to create in the first place

10.03.2026 22:49 👍 12 🔁 5 💬 2 📌 0
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Republicans Are No Longer Even Pretending to Care About Judicial Independence GOP lawmakers used to at least pay lip service to the importance of an independent judiciary. Then state courts started issuing rulings that GOP lawmakers do not like.

Republicans are getting less and less shy about going after state courts they don't like

10.03.2026 20:38 👍 7 🔁 2 💬 0 📌 0
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The Trump Tariffs Case Had an Easy Answer. Only One Justice Knew Where to Look For It Justice Ketanji Brown Jackson's concurrence shows what the Court loses when it chooses to ignore legislative history altogether.

Imagine if, when the Supreme Court is trying to find out what Congress meant when it passed a statute, the justices simply consulted the record Congress created about what it meant when it passed the statute

10.03.2026 18:26 👍 15 🔁 3 💬 1 📌 0
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Federal Judges Are Slowly Realizing They Can Treat Trump Like Anyone Else Federal judges have been reluctant to hold the Trump administration in contempt for violating court orders. Now, they are getting impatient.

"Judges are starting to remember their responsibilities to enforce the rules by which everyone else must abide—and the full range of tools available for enforcement."

10.03.2026 14:05 👍 27 🔁 9 💬 1 📌 2
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The Justice Department’s Only Job Is Settling Trump’s Weird Grievances at Taxpayer Expense The government dropped its defenses of the executive orders attacking law firms. Then the president saw some headlines he didn’t like.

The man has reorganized the federal government's law enforcement capacity around attacking people who made him upset

10.03.2026 11:45 👍 10 🔁 5 💬 0 📌 0

This love letter to legislative history and intent in statutory interpretation from @ballsandstrikes.org is great. Here are some excerpts, but read the whole thing.

09.03.2026 18:56 👍 87 🔁 22 💬 1 📌 1
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Federal Judges Are Slowly Realizing They Can Treat Trump Like Anyone Else Federal judges have been reluctant to hold the Trump administration in contempt for violating court orders. Now, they are getting impatient.

There are signs that at least some federal judges are getting tired of the Trump administration simply ignoring court orders

09.03.2026 22:49 👍 154 🔁 53 💬 9 📌 7
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Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases The Bruen decision is somehow getting even more embarrassing with time.

The Supreme Court's amateur historian era is getting more humiliating with each passing year

09.03.2026 20:38 👍 8 🔁 3 💬 0 📌 1
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The Trump Tariffs Case Had an Easy Answer. Only One Justice Knew Where to Look For It Justice Ketanji Brown Jackson's concurrence shows what the Court loses when it chooses to ignore legislative history altogether.

Oftentimes, figuring out what the law means is not nearly as complicated as conservative Supreme Court justices pretend it is

09.03.2026 18:26 👍 31 🔁 13 💬 1 📌 3
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The Justice Department’s Only Job Is Settling Trump’s Weird Grievances at Taxpayer Expense The government dropped its defenses of the executive orders attacking law firms. Then the president saw some headlines he didn’t like.

The only lawyers left in the Justice Department are cowards, right-wing freaks, or some combination thereof

09.03.2026 16:12 👍 9 🔁 3 💬 0 📌 0
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Supreme Court Says You Can’t File Tort Suits Against Postal Carriers Who Won’t Deliver Mail to Black People According to Clarence Thomas, mail that your mail carrier steals from you is really just “lost,” if you think about it.

"Elections are approaching in which millions of people plan to cast their ballots by mail. Thomas’s opinion puts that mail—and those voters—at risk."

27.02.2026 17:12 👍 11 🔁 5 💬 2 📌 2
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The Surest Path to a Federal Judgeship Is Being One of Trump’s Lawyers Trump’s latest slate of judicial nominees includes another member of his legal team, because he prizes personal loyalty above all else.

Want to be a federal judge? Just become one of Trump's personal defense lawyers and you've got a good shot

27.02.2026 15:05 👍 8 🔁 4 💬 0 📌 0
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You Guys Look Miserable The Supreme Court’s silliest annual tradition: a handful of justices white-knuckling their way through a two-hour State of the Union without changing their facial expressions.

Nothing quite like Supreme Court justices attending the State of the Union and spending the entire time looking like they want to die

27.02.2026 12:45 👍 9 🔁 2 💬 1 📌 0
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You Guys Look Miserable The Supreme Court’s silliest annual tradition: a handful of justices white-knuckling their way through a two-hour State of the Union without changing their facial expressions.

Here are some people who have made some choices they regret

26.02.2026 17:44 👍 13 🔁 1 💬 0 📌 0
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Supreme Court Says You Can’t File Tort Suits Against Postal Carriers Who Won’t Deliver Mail to Black People According to Clarence Thomas, mail that your mail carrier steals from you is really just “lost,” if you think about it.

We are running out of ways to parody how stupid "textualism" is

26.02.2026 15:06 👍 16 🔁 4 💬 2 📌 1
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The Surest Path to a Federal Judgeship Is Being One of Trump’s Lawyers Trump’s latest slate of judicial nominees includes another member of his legal team, because he prizes personal loyalty above all else.

Trump sees federal judgeships as rewards to hand out to his most loyal underlings

26.02.2026 12:45 👍 9 🔁 1 💬 1 📌 0
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Supreme Court Says You Can’t File Tort Suits Against Postal Carriers Who Won’t Deliver Mail to Black People According to Clarence Thomas, mail that your mail carrier steals from you is really just “lost,” if you think about it.

According to Clarence Thomas, mail that your mail carrier steals from you is really just “lost,” if you think about it.

25.02.2026 19:26 👍 16 🔁 3 💬 2 📌 1
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The Surest Path to a Federal Judgeship Is Being One of Trump’s Lawyers Trump’s latest slate of judicial nominees includes another member of his legal team, because he prizes personal loyalty above all else.

If you are an ambitious conservative lawyer who wants to be a federal judge, the smartest thing you can do is get Trump to hire you on to his personal legal team

25.02.2026 17:12 👍 14 🔁 3 💬 1 📌 0
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DOJ Lawyers Who Cared Would Quit Ethical rules prescribe a clear path forward for the government attorneys being asked to violate the Constitution on a daily basis.

"When someone signs up for a career that shrouds them in selfless patriotism, they must be ready to lean in to the selfless patriotism when the going gets tough."

25.02.2026 16:54 👍 12 🔁 3 💬 1 📌 0
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DOJ Lawyers Who Cared Would Quit Ethical rules prescribe a clear path forward for the government attorneys being asked to violate the Constitution on a daily basis.

"Justice Department lawyers should have quit already. They definitely should quit now. If they do not, they are complicit."

25.02.2026 12:45 👍 14 🔁 5 💬 0 📌 0
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Supreme Court Says You Can’t File Tort Suits Against Postal Carriers Who Won’t Deliver Mail to Black People According to Clarence Thomas, mail that your mail carrier steals from you is really just “lost,” if you think about it.

We regret to inform you that The Textualists are at it again

25.02.2026 00:45 👍 17 🔁 4 💬 2 📌 0
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We’re About To Find Out Whether Trump’s Judicial Confirmation Machine Is Going Boom or Bust As the midterms approach, three conservative appeals court judges decided to give Trump the chance to confirm their successors.

Trump is running out of time to get federal judges confirmed before the midterms. But three high-profile appeals court judges have handed him another set of key vacancies to try and fill

24.02.2026 23:49 👍 10 🔁 3 💬 0 📌 0
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Supreme Court Declares Trump Economy Too Fucked Up to Be Legal The conservative justices will tolerate a lot of lawbreaking from the Trump administration. But not when it affects their wallets.

"Whether the Court uses the major questions doctrine, as Roberts and two conservatives would prefer, or statutory interpretation, as the liberals would prefer, the Court’s jurisprudence remains flexible enough to stop Trump’s financial fuckery, or anything else enough conservatives don’t like."

24.02.2026 21:38 👍 11 🔁 4 💬 0 📌 0
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DOJ Lawyers Who Cared Would Quit Ethical rules prescribe a clear path forward for the government attorneys being asked to violate the Constitution on a daily basis.

If DOJ lawyers took their oaths seriously, they would quit

24.02.2026 19:26 👍 19 🔁 6 💬 1 📌 0
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Republican Judges Are Using Imaginary Voter Fraud to Empower Real Voter Suppression Fifth Circuit Judge Edith Jones says mail-in balloting is a “rich field for fraud” in Texas. The numbers tell a different story.

Another day, another Fifth Circuit voting rights opinion that sounds like a copy-paste from a conspiracy theory message board

24.02.2026 17:12 👍 14 🔁 4 💬 0 📌 1
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Supreme Court Declares Trump Economy Too Fucked Up to Be Legal The conservative justices will tolerate a lot of lawbreaking from the Trump administration. But not when it affects their wallets.

The Supreme Court's conservatives support basically every aspect of Trump's agenda that won't make life harder for billionaires

23.02.2026 23:49 👍 20 🔁 4 💬 0 📌 0
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The Trump Tariffs Case Is a Preview of Bigger Supreme Court Fights to Come The conservative justices built the major questions doctrine to thwart a Democratic president. They are reserving the power to do it again.

Trump might not like the Court's ruling on this tariffs, but the conservative justices are already looking ahead to their next big political showdown with a Democratic president

23.02.2026 21:38 👍 8 🔁 2 💬 0 📌 0
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Republican Judges Are Using Imaginary Voter Fraud to Empower Real Voter Suppression Fifth Circuit Judge Edith Jones says mail-in balloting is a “rich field for fraud” in Texas. The numbers tell a different story.

We do not mean to shock you, but Edith Jones is making a deceptive argument about voter fraud in order to support a GOP-backed anti-voting law

23.02.2026 19:26 👍 8 🔁 6 💬 1 📌 1
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The Trump Tariffs Case Is a Preview of Bigger Supreme Court Fights to Come The conservative justices built the major questions doctrine to thwart a Democratic president. They are reserving the power to do it again.

The conservatives built the major questions doctrine to thwart Democratic presidents. They're making sure that next time Republicans are not in power, they can do it again

21.02.2026 18:03 👍 12 🔁 4 💬 0 📌 0
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Supreme Court Declares Trump Economy Too Fucked Up to Be Legal The conservative justices will tolerate a lot of lawbreaking from the Trump administration. But not when it affects their wallets.

The conservative justices will tolerate a lot of lawbreaking from the Trump administration. But not when it affects their wallets.

21.02.2026 14:49 👍 17 🔁 1 💬 0 📌 0