Oh that Britney Spears sure is clever. Her current single, “If U Seek Amy” isn’t really about a woman named Amy — or at least the chorus isn’t. Love me hate me Say what you want about me But all of the boys and all of the girls are beggin’ to If you seek Amy […]
Author Archive | Jonathan H. Adler
Gov. Sanford on the Stimulus:
In today’s WSJ, South Carolina Governor Mark Sanford explains his opposition to accepting portions of the federal stimulus funds, and his desire to use stimulus money to pay down state debt. Before the stimulus bill passed, I asked for states not to be bailed out. After it was signed into law, I said that a […]
Explaining Alleged ABA Bias:
Todd Zywicki noted this story on a new study purporting to show liberal bias in the ABA’s evaluation of judicial nominees. This conclusion, in itself, is not particularly surprising, but I think it is worth noting that the study reportedly found quite a few interesting things, including that: Nominees with prior judicial experience tend to […]
Filibusters and Blue Slips (Again):
A common argument making the rounds is that Senate Democrats only filibustered some of President Bush’s judicial nominations because then-Senate Judiciary Committee Chairman Orrin Hatch violated Senate traditions with regard to blue slips. Let’s assume for the moment that the charge against Hatch is accurate, does this explain the filibuster of Bush nominations? No. Filibusters […]
Tribe on Taxing AIG Bonuses:
Conor Clarke posts Laurence Tribe’s views on whether the federal government could effectively take back the AIG bonuses without running afoul of constitutional prohibitions. Tribe’s bottom line: It would not be terribly difficult to structure a tax, even one that approached a rate of 100%, levied on some or all of the bonuses already handed […]
The NYT‘s Love-Hate Relationship with Blue Slips:
In its March 9 editorial on judicial nominations (which I discussed here), the New York Times called for eliminating the use of “blue slips,” through which home-state Senators can block judicial nominations. Specifically, the Times‘ editorialists wrote: Mr. Leahy must decide whether to follow the Senate
Is the Stimulus Bill Constitutional?
This week, Governor Mark Sanford announced that South Carolina will reject a large chunk of the stimulus funds targeted for his state. The state legislature may disagree. If so, this could set up a confrontation over the constitutionality of the stimulus, specifically the provision that purports to enable state legislatures to bypass Governors and accept […]
Sunday Song Lyric:
While procrastinating on a symposium paper on standing in the Roberts Court, I surfed through song lyrics with “stand” or “standing” in the title, and quickly turned up a gem from 1981: “Stand and Deliver” by Adam and the Ants. Though not at all relevant to my paper, this song is a “new romantic” classic. […]
Let the Speculation Begin:
Is there going to be a Supreme Court opening this summer? Justice Ginsburg poured kerosene on the embers of speculation in a recent speech. The AP reports: Justice Ruth Bader Ginsburg told law students there could be an opening on the Supreme Court soon but didn’t hint at who might be leaving. Ginsburg spoke Friday […]
Greens Object to “Science-based” Wolf Decision:
Interior Secretary Ken Salazar announced this week that he would not reverse the Bush Administration’s decision to remove gray wolves in the northern Rockies from the endangered species list. The Washington Post reports on the resulting controversy: The wolf proposal was published just weeks before Bush left office, then suspended under a broad directive by […]
Stem Cells and Science (Policy) Fiction:
I’ve had a busy travel and writing week, so I did not have time to comment on President Obama’s stem cell policy announcement and accompanying statement on the “restoration” of “scientific integrity to government decision-making.” Fortunately, Charles Krauthammer wrote an excellent column on the announcement (even if he overdid his praise of President Bush). Here’s […]
We Have No “Enemy Combatants”:
The New York Times reports that the Obama Administration will no longer refer to those detained in Guantanamo as “enemy combatants.”
Judicial Nomination Filibusters for the NYT, but Not the GOP:
Yesterday
Regulation by Litigation Event – March 17:
Next Tuesday, March 17, the Case Western Reserve University School of Law
Is the Roberts Court Still “Pro-Business”?
Today’s Washington Post notes that the Supreme Court does not appear to be as “pro-business” as it had a year or two ago. After the Court rejected Lily Ledbetter’s pay discrimination claim and slashed the punitive damage award against Exxon for the Valdez oil spill, many commentators claimed the Court was “pro-business.” Since then, however, […]