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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 of the legal issues which come before the Supreme Court,

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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