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11 June 2021 / Neil Parpworth
Issue: 7936 / Categories: Features , International justice , Constitutional law
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US Supreme Court: Dissenting adults

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Neil Parpworth provides a recent example of the US Supreme Court’s approach to the expression of dissent
  • Torres v Madrid: the facts; the legal issue; the authorities.

One of the means by which the success of a US presidency is sometimes determined is by having regard to the number of presidential nominees who have been installed in the Supreme Court during a president’s four-year tenure. Using this measure, Donald Trump’s presidency was a success in that three appointments to the highest court were secured, whereas Jimmy Carter’s presidency was a failure in that no new justices were appointed between 1977-1981.

However, given that justices are appointed for life, opportunities to appoint new members simply may not arise during a presidency so long as the incumbents remain fit and healthy and have no intention to retire. At the time of writing, six of the justices have been appointed under a Republican presidency and only three under a Democrat presidency. This imbalance is of course important given the nature

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
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