The letter is here. Among other things, McConnell argues in some detail that conservatives will likely be pretty happy about Elena Kagan on the freedom of religious and political speech, on free exercise of religion, and on the participation of religious institutions in generally available funding programs. (McConnell is on the pro-Sherbert/Yoder wing of the […]
Archive | 2010
Judge Denies TRO in Minneapolis Pride Festival Case, But…
By Dale Carpenter on June 25, 2010 4:18 pm in Constitutional Law, First Amendment, Freedom of Speech
Minnnesota District Judge John Tunheim has denied a temporary restraining order sought by Twin Cities Pride (TCP) to prevent an anti-gay preacher from distributing literature and displaying signs inside the park where TCP has a permit for the annual gay pride festival. (The desision is here. I wrote about some of the basic issues here.). Twin Cities […]
Grassroots Lobbying, Campaign Finance Laws and the Integrity of Democracy
It’s been my pleasure to guest blog this week on the topic of grassroots lobbying regulations. In the four previous posts, I’ve summarized the lessons from Mowing Down the Grassroots: existing lobbying regulations in 36 states are so broad as to cover situations in which individuals or groups communicate to other citizens about public issues […]
More on Morrison
In addition to John’s shrewd post about Morrison below – I suspect the post is right that it might turn out to be a “zombie” precedent – take a look at University of Georgia securities law expert Professor Margaret Sachs’ observations from a global securities law perspective at Opinio Juris today. (Update: Also take a […]
The Supreme Court and Extraterritoriality: Yesterday’s decision in Morrison v. National Australia Bank
The “Honest Services” fraud cases are getting all the attention. But I think the relatively little-noticed decision in Morrison v. National Australia Bank, 08-1191, may be as significant (although I have my doubts, as set forth below, about its potential long-term impact). The case involved a claimed securities fraud scheme that mostly occurred in Australia […]
Universities and Eminent Domain
By Ilya Somin on June 25, 2010 12:41 am in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
In Kaur v. New York Urban Development Corporation, its recent decision upholding the condemnation of property for transfer to Columbia University, the New York Court of Appeals claimed that the use of eminent domain to transfer land to a private university is more defensible than its use to transfer land to commercial corporations, as in […]
David Barron Leaving OLC
The New York Times reports that David Barron, acting head of the Justice Department’s Office of Legal Counsel, will step down next month to return to Harvard Law School. Deputy Assistant Attorney General Jonathan Cedarbaum will replace him. Of note, OLC has not had a Senate-confirmed head in six years. More at Main Justice.
Yet More on Libertarianism and Antidiscrimination Law
Jeffrey Miron responds to my essay, and I respond to his, Richman’s, and Kuznicki’s responses.
New York High Court Upholds Columbia University Takings
By Ilya Somin on June 24, 2010 5:44 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
In today’s decision in Kaur v. New York State Urban Development Corp.
C-Span Poll on the Supreme Court:
It is here, if you are interested. Much of it deals with allowing cameras in the courtroom. Nothing too surprising, other than perhaps the incredible prominence of Roe v. Wade in the public’s understanding of the Supreme Court.
The dangers of knife bans
Transocean’s ban on employee knife possession nearly killed several BP drilling rig survivors, by preventing them from cutting the rope that attached the life boat to the drilling rig. Details here, from Towmasters. Some additional details here from the 1:30 p.m. report by the New Orleans Times-Picayune: the life boat was supposed to have a […]
Kagan, Stevens and Brennan on Bork
By Jonathan H. Adler on June 24, 2010 12:23 pm in Judicial Nominations, Kagan Nomination, Supreme Court
Elena Kagan may have thought (in 1997) that the Bork confirmation hearings were “the best thing that happened, ever happened, to constitutional democracy,” and welcomed the defeat of his confirmation. The Justice she would replace, Justice John Paul Stevens, appears to have had a different view. As legal journalist Seth Stern notes, after Bork was […]
Family Research Council update
Perhaps partly in response to my VC post yesterday, the Family Research Council has corrected its prior claim that the conservative pro-gay group GOProud supported national handgun carry reciprocity as a means of advancing interstate recognition of gay marriages. As the FRC now correctly explains, the marriage argument was offered by Missouri Democratic Senator Claire […]
Seven Down, Four to Go
The Supreme Court issued seven decisions in argued cases this morning. SCOTUSBlog has the details. This leaves four big cases yet to be decided: Bilski v. Kappos (business method patents), McDonald v. Chicago (incorporation of Second Amendment), Free Enterprise Fund v. PCAOB (appointments clause challenge to Sarbanes-Oxley), and Christian Legal Society v. Martinez (state university […]
Today’s Interesting Line-Up
This morning the Supreme Court released another 5-4 opinion with an interesting line-up of justices. In Magwood v. Patterson, which considered whether a habeas petitioner’s challenge to resentencing after the grant of a habeas petition is an unreviewable “second or successive claim,” Justice Thomas wrote the opinion for the Court, siding with the habeas petitioner […]