So Orin and Eugene blogged the motion asking Judge Reinhardt to recuse himself from the Prop 8 case; and Eugene blogged both Judge Reinhardt’s initial order denying the motion to recuse and linked the memorandum opinion in which the Judge discussed his reasons for not recusing himself. But the Conspirators have not, so far as […]
Author Archive | John Elwood
No “Constitutional Signing Statement” for the Guantanamo Transfer Restrictions
As I suspected, President Obama didn’t go through with issuing a so-called “constitutional signing statement” with respect to the recent legislation placing restrictions on the transfer of detainees out of Guantanamo, through which he would have noted his constitutional objections to the legislation and construed it not to affect his authority to transfer the detainees, […]
Fin-uh-lee! An OLC nominee
Yesterday, the White House finally sent to the Senate the long-rumored nomination of Virginia Seitz to be Assistant Attorney General. I’ve discussed the (then-rumored) nomination here. In keeping with tradition, the nomination does not specify that Seitz would be AAG for the Office of Legal Counsel. If I remember correctly, that is because the legislation […]
The President’s Recent Signing Statements
I wasn’t planning on blogging the story in the print edition of today’s New York Times (p. A15), reporting that the President may issue a constitutional signing statement “asserting that [the President] has the constitutional power to disregard . . . restrictions” contained in recently enacted legislation that would restrict his ability to transfer detainees […]
Frustregulation
The 112th Congress will convene on January 5, 2011. During his first two years in office, President Obama was at times frustrated by the slow pace of legislation he favored in Congress, but he ultimately had the necessary Democratic votes if he could muster them. He now faces a solidly Republican House of Representatives, and […]
President to Recess Appoint James Cole as Deputy AG
The President today announced that he would recess appoint James M. Cole as Deputy Attorney General. His nomination has been pending since May–reportedly the longest delay in confirming a DAG nominee in 30 years, but in the context of nominations in the last decade or so (some of which have dragged on for years), an […]
OLC’s “Best Practices” In Giving Legal Advice
In May 2005, Steven G. Bradbury, Principal Deputy Assistant Attorney General for the Office of Legal Counsel, issued a memorandum entitled “Best Practices for OLC Opinions.” At the time, the Office was the subject of controversy because of leaked national security opinions that were prepared during the months following 9/11. Bradbury was (and for the […]
Finally . . . Another Nominee For OLC Chief?
The Wall Street Journal reports that in January, President Obama will nominate DC’s Virginia Seitz to be Assistant Attorney General for the Office of Legal Counsel. OLC hasn’t had a confirmed head since July 2004. NPR reported back on August 4 that Seitz, who is a respected appellate litigator at Sidley Austin, was the front-runner […]
Supreme Court Relist Watch
On a day when traffic to read about the substantively important decision in Virginia v. Seblius is so heavy that the page is running very slowly, this seems like a great time to post on a subject of interest to practically no one at all. But hey, I amuse myself. Three apparent new relists: Swartout […]
D.C. Circuit Denies Stay Request in Greenhouse Gas Cases
Today the D.C. Circuit (panel of Ginsburg, Tatel, Brown) denied the request of those challenging the EPA’s suite of greenhouse gas regulations to stay the regulations pending the outcome of the litigation. The order is available here.
7th Circuit to Conrad Black: No Reply Brief for You!
Last Term, the Supreme Court vacated former executive Conrad Black’s conviction on the ground that the “honest services” fraud instructions given in his case were invalid under Skilling v. United States, and remanded for a determination whether the error was harmless. On remand, the Seventh Circuit (Posner, Kanne, and Sykes–under circuit procedure, the same panel […]
Supreme Court Relist Watch
A bunch of new relists today, and the beat goes on for the group of perennial favorites. PLIVA, Inc. v. Mensing, 09-993/ Actavis Elizabeth LLC v. Mensing, 09-1039, CA8, present the question whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the statute’s […]
Supreme Court Relist Watch
A couple of important apparent relists today. First, a closely watched labor class action case: Wal-Mart v. Dukes, 10-277, from the en banc Ninth Circuit (over dissents by Kozinski and Ikuta), presents the questions (1) whether (and under what circumstances) claims for monetary relief can be certified under Fed. R. Civ. P. 23(b)(2), which petitioners […]
Somber news for the Supreme Court bar
The Austin American-Statesman is reporting that Greg Coleman, the former SG of Texas and one of the leading lights of the Supreme Court bar, has died in light plane crash off the coast of Florida. The paper reports: Coleman, 47, was piloting the Piper Malibu when it crashed into a bayou while approaching the Destin […]
Supreme Court Relist Watch
The Court may have relisted in Harper v. Maverick Recording Company, 10-94, out of the Fifth Circuit, which presents the question “Should the inadvertent innocent infringer defense to copyright infringement be eliminated for all Internet music downloading?” I say they “may” have relisted because it’s possible that the Court is holding the case for Global-Tech […]