Friday, August 28, 2026

Bremer on the Judges Bill and Administering the Courts

Emily S. Bremer, Notre Dame Law School, has posted Making Our Ministry of Justice, which is to appear in Notre Dame Law Review Reflection:

William Howard Taft (LC)
This Essay evaluates the Judiciary Act of 1925 from an administrative law perspective. It argues that principles ordinarily associated with administrative governance pervade the law's origin, purpose, means, and effect. The cumulative result was to transform the Supreme Court from an appellate court of last resort into a ministry of justice, i.e., an agency at the head of a hierarchically organized federal judicial branch. 

--Dan Ernst