Author: Mario Nicolais
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Nicolais: Fracking opinions a study in judicial discipline
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The twin fracking opinions handed down by the Colorado Supreme Court this month illustrate the distorted lens through which most court opinions are reported and received by the public. Justice Richard Gabriel, the newest member of the high court and one generally considered to fall on the liberal side of the judicial spectrum, issued the…
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Nicolais: Senate candidate Keyser’s day in court
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Jon Keyser’s failure to collect enough petition signatures to make June’s Republican primary ballot is the big story of Colorado politicos right now. Coming up 86 signatures short, Keyser’s U.S. Senate campaign finds itself in mortal peril. The campaign will now go before a Denver District Court to plead its case. Depending on why signatures…
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Nicolais: Evenwel coverage an unfortunate emphasis on winners and losers
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I wrote about Evenwel v. Abbott in my first column for the Statesman. At the time, the Supreme Court had just accepted the “one person, one vote” case. In a unanimous opinion, the Supreme Court reiterated that “one person, one vote” continues to be a constitutional rule when applied to the redistricting processes used by…
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Nicolais: The back-and-forth swing of judicial discretion
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The pendulum of judicial discretion perpetually swings from apex to apex without ever stopping in the middle. Subject to the political whims of its two more political brethren, the judicial branch remains ever subject to changing forces acting upon it. With passage of SB 16-051, the Colorado Legislature has increased the momentum in favor of…
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Nicolais: Garland nixed before ever nominated
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Harvard valedictorian. Brilliant. Chief Judge of the D.C Circuit Court of Appeals. Prosecutor in charge after the Oklahoma City bombing. A “judge’s judge.” All things that describe President Obama’s pick to fill the vacant seat on the United States Supreme Court, Merrick Garland. And then there are a couple of things that describe what he…
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Nicolais: Going all in on SCOTUS
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I like playing poker. Texas Hold’em in particular. Ever since I saw Matt Damon draw John Malkovich into going all in at the end of “Rounders,” I’ve been hooked. And, judging by the increased tournament stakes, ESPN replays, and sheer number of professional players, many others have, too. Apparently, that also includes the key players…
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Nicolais: Saying farewell to a joyous justice
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I will miss Antonin Scalia. More precisely, I will miss his wit, his dissents, his cutting criticism and his wry sense of humor. He doled it out regularly in withering paragraphs. I will miss the words he wrote as the Supreme Court’s most entertaining justice. I fear court decisions will be grey and dull without…
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Nicolais: A seventh-ish state to the 10th Circuit?
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Gov. Doug Ducey of Arizona wants out of the 9th Circuit Court of Appeals. Along with allies such as U.S. Sen. Jeff Flake and former U.S. Sen. Jon Kyl, both of Arizona, Ducey wants federal appeals in the state to wind up somewhere other than the San Francisco courthouse that currently receives them. One of…
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Nicolais: Does ‘Making a Murderer’ bring injustice to light or just boost ratings?
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I admit it. I got hooked on the podcast Serial last year and binge-listened to all 12 episodes in one weekend. Really, if you aren’t one of the 68 million people who downloaded the podcast already, go do it now. When you’re done, just remember to write a letter of appreciation to my editor. Given…
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Nicolais: Supreme Court might scuttle teacher union influence
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Last year, school board races dominated the Colorado political universe. Usually sleepy affairs drawing ballots from only the most steadfast voters, the off-off-year election in 2015 drew national attention thanks to the recall of three school board members in Jefferson County. Throw in the biennial battles in education hotbeds such as Douglas County and the…
