The Supreme Court’s 5-4 decision to hold unconstitutional sentences of life-without-parole for juvenile offenders convicted of non-homicide crimes did more than invalidate a few outlying state sentencing provisions. According to Justice Kennedy’s majority opinion, “Thirty-seven States as well as the District of Columbia permit sentences of life without parole for a juvenile nonhomicide offender in […]
Author Archive | Jonathan H. Adler
Justice Sotomayor, Graham, and International Law
By Jonathan H. Adler on May 22, 2010 10:28 am in International Law, Judicial Nominations, Supreme Court
At her confirmation hearing, Justice Sonia Sotomayor appeared to renounce any reliance on the use of foreign or international law in constitutional decisions, walking back from prior statements. In response to a question from Senator Schumer, she said: “American law does not permit the use of foreign law or international law to interpret the Constitution.” […]
AG Blumenthal’s Record
Connecticut Attorney General Richard Blumenthal is in the news for misrepresenting his military record, but Fergus Cullen would like to focus on his record as AG. He reviews Blumenthal’s various efforts at legal grandstanding and regulation through litigation. This episode in particular caught my eye. In 2003, he sued Computers Plus Center for $1.75 million […]
No Habeas Jurisdiction Over Bagram Air Force Base
This morning, the U.S. Court of Appeals for the D.C. Circuit handed down its opinion in Al Maqaleh v. Gates. The opinion for the court, by Chief Judge David Sentelle and joined by Judge David Tatel and Senior Judge Harry Edwards, begins: Three detainees at Bagram Air Force Base in Afghanistan petitioned the district court […]
Ribstein Joins Truth on the Market
University of Illinois law professor Larry Ribstein is abandoning his solo blog, Ideoblog, and joining Truth on the Market. More here.
Is Superfund Unconstitutional?
The BLT reports on the latest act in General Electric’s longstanding effort to challenge the constitutionaliity of portions of the Comprehensive Emergency Response, Cleanup, and Liability Act, aka “Superfund.” Before the U.S. Court of Appeals for the D.C. Circuit yesterday, GE’s lawyers argued that the Environmental Protection Agency’s use of administrative orders to force cleanup […]
Is Carbon Capture a Pipe Dream?
The stimulus bill included over $2 billion for the development of carbon capture technologies. The just-introduced Kerry-Lieberman climate bill would authorize $2 billion more. Will anything result from these investments? I would hope so, but Robert Bryce argues carbon capture has substantial — perhaps insuperable — economic obstacles to overcome. He writes: That’s a lot […]
The Bybee Immigration Memo
Yesterday’s Washington Post reported that the Obama Administration’s potential legal challenge to Arizona’s new immigration law is complicated by a 2002 Justice Department memo that suggests states have the authority to enforce federal immigration law. The document, written in 2002 by the Justice Department’s Office of Legal Counsel, concluded that state police officers have “inherent […]
Comment on Kerry-Lieberman Climate Bill
I am a sometime-contributor to the National Journal‘s Energy & Environment Expert Blog. This week the focus is the Kerry-Lieberman climate change bill, the “American Power Act,” and the EPA’s decision to raise the threshold for stationary sources regulated under the Clean Air Act from emissions to 75,000 tons per year for carbon dioxide, even […]
Interesting SCOTUS Lineup
Among the opinions handed down today by the Supreme Court was Abbott v. Abbott. The case involved the question of whether a ne exeat clause confers a “right of custody” within the meaning of the Hague Convention on International Child Abduction. (More here.) The Court answered “yes,” by a vote of 6-3, but the lineup […]
Federal Government Wins Comstock
This morning the Supreme Court handed down its opinion in United States v. Comstock, a challenge to the federal government’s authority to civilly commit a “sexually dangerous” federal prisoner beyond the time of his sentence. The U.S. Court of Appeals for the Fourth Circuit held that the federal government lacked such authority within its enumerated […]
Sunday Song Lyric
Paul Weller has a new album out. NME likes it. I’ll need to give it a listen at some point (perhaps when I’m done grading exams). He’s put out some good stuff solo and with The Style Council, but my heart stays with his early work with The Jam, one of my favorite bands. He […]
Elena Kagan’s Paper Trail
Some commentators have suggested that Elena Kagan is a nominee without much of a paper trail. I think this is overstated on two counts. First, her academic writing is more substantive than some have given her credit for (see here and here). Second, there appears to be a substantial amount of material from her time […]
A Historic Victory
Tonight the Philadelphia Flyers overcame a 3-0 deficit to win the seventh game of their playoff series with the Boston Bruins — a series in which they trailed 3-0. In the process they became only the third NHL team to win a seven-game series after losing the first three games, and the first such team […]
Kagan’s New View of Confirmation Hearings? – Take Two
As an academic, Elena Kagan thought recent Supreme Court confirmation hearings were a “hollow charade.” In a prior post, I noted reasons to suspect Elena Kagan might not adhere to this view once it’s her turn before the Senate Judiciary Committee. But perhaps I spoke too soon. Jan Crawford reports: In her private meetings with […]