Over at Balkinization, Andrew Koppelman (Northwestern) has an interesting and thoughtful post on the state of originalism. Synthesizing analysis by Jamal Greene and Jack Balkin, Koppelman writes, “Originalism is fundamentally about a narrative of rhetorical self-identification with the achievements of a founding historical moment. That is the real basis of its power. An originalist argument […]
Archive | Supreme Court
What Does “tsac” Mean in the Supreme Court’s Filing Procedure?
I did not know that until this morning. For the answer, see here.
Mukasey on the ObamaCare “Recusal Nonsense”
Former federal judge and Attorney General Michael Mukasey argues against the recusal of any Supreme Court justices in the in the case challenging the constitutionality of the Patient Protection and Affordable Care Act. Ideological partisans have argued that one or more justices on the other side of the ideological divide are sufficiently conflicted to require […]
Auer Deference on the Docket
Among this morning’s cert grants was Christopher v. SmithKline Beecham Corp., in which the Court will have to determine whether pharmaceutical sales representatives are subject to the “outside sales” exemption from the Fair Labor Standards Act’s overtime requirements. At first glance, Christopher may seem like a rather pedestrian labor law case. Don’t be fooled. Christopher has […]
LAT on Justice Scalia and Criminal Defendants
David Savage of the LA Times reports that many criminal defendants should be thankful for Justice Scalia. In recent years he has led the charge for more strict enforcement of the Sixth Amendment‘s confrontation clause. This is but one example of how originalist approaches to constitutional interpretation do not always produce “conservative” results. Justice Scalia’s […]
Me and Kim Kardashian
Because of the press of business at my day job, I’ve had less than usual worth saying recently. In fact, I haven’t posted in months. But all that blood, toil, tears, and sweat have at least done some good, because yesterday my work was mentioned alongside news that really matters. An amicus brief I did […]
BREAKING – High Court to Hear Health Care Challenges
By Jonathan H. Adler on November 14, 2011 10:06 am in Health Care, Individual Mandate, Supreme Court
The Supreme Court has granted certiorari in several of the health care cases, granting the Florida’s, NFIB’s and the federal government’s petitions, including consideration of the Tax Injunction Act issue, and granting extended argument time. I suspect SCOTUSBlog will have a full report shortly. NOTE: Here is SCOTUSBlog’s health care litigation page, and here is […]
The Supreme Court Plaza on a Sunny Day
Today was a beautiful fall day in Washington, DC, and after the Jones argument I shot this 10-second video of what it’s like on the front steps of the Supreme Court after a 10 am oral argument. Note that the people in line are waiting to get a brief glimpse of the 11am argument, which […]
President Nixon on Justice Rehnquist
From the Nixon Tapes, as quoted by Kevin J. McMahon, Nixon’s Court (2011): Nixon: Incidentally, what is Rehnquist? I suppose he’s a damn Protestant? Attorney General John Mitchell: I’m sure of that. He’s just as WASPish as WASPish can be. Nixon: Yeah, well, that’s too damn bad. Tell him to change his religion. Mitchell: All […]
Another Hunter on the High Court
CNN reports that in a recent speech Justice Elena Kagan acknowledged that she has gone practice shooting and hunting with Justice Scalia — and that she likes it. From the story: She recalled paying a courtesy call on Sen. James Risch (R-Idaho) shortly after her nomination to the court by President Obama in May 2010. […]
Court Without a Quorum
From today’s Order List released by the Supreme Court: 10-11054 MURPHY, CHARLES M. V. KOLLAR-KOTELLY, JUDGE, USDC DC Because the Court lacks a quorum, 28 U.S.C. §1, and since the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed […]
Supremely Consequential
In case you haven’t read enough Supreme Court OT 2011 term previews, here’s the one I wrote for NRO: “Supremely Consequential.”
Justice Kagan’s Quick Start
Robert Barnes profiles Justice Elena Kagan in today’s Washington Post. Here’s a taste: A first term provides a limited perspective, but as the court opens its new session early next month, Kagan’s performance last year offered clear signals about a woman who came to the bench as something of a mystery. The first justice in […]
Supreme Court Stays Texas Execution
Given all the attention paid to Rick Perry’s “record tally” of executions as Texas Governor, I am surprised the Supreme Court’s decision last week to stay the execution of Duane Edward Buck has not received more attention. From the Houston Chronicle: Buck was sentenced to die for the July 1995 shooting deaths of his former girlfriend, […]
A Tale of Two Cases
The Yale Law Journal‘s new “Summary Judgment” online series features a set of essays on the Supreme Court’s decision in American Electric Power v. Connecticut, in which the Court held unanimously that suits against utilities alleging their emissions of greenhouse gases contribute to the “public nuisance” of global warming under federal common law were displaced […]