Of last week’s eight relists (discussed here), two were denied today: Stroud v. Blount and Wong v. Smith, the latter over the dissent of Justice Alito (joined by the Chief and Justices Scalia). Those were both cases on their first relist. The rest all appear to have been relisted yet again, so Alderman is on […]
Archive | Supreme Court
Tribe v. Sotomayor
In May 2009, in the wake of news that Justice David Souter would retire from the Supreme Court, Jeffrey Rosen penned “The Case Against Sotomayor” for The New Republic, in which he argued thatthen-Judge Sonia Sotmayor was not the best available nominee. Rosen reported that he was hearing from others on the Left who were […]
Rep. DeFazio Investigating Impeachment of Chief Justice Roberts
The Huffington Post reports that Rep. Peter DeFazio (D-Or) is investigating articles of impeachment for Chief Justice Roberts in response to the Court’s decision in Citizens United. “I mean, the Supreme Court has done a tremendous disservice to the United States of America,” Rep. Peter DeFazio (D-Ore.) told The Huffington Post on Tuesday. “They have […]
Today’s (Apparent) Supreme Court Relisted Cases
I’m confident that this is only a partial list of cases the Court has relisted. If you know of others, I’m all ears. Four cases on their first relist: Wong v. Smith, 09-1031, CA9. The Court called for the record on 9/28. The case involves whether 28 U.S.C. § 2254(d) and the Supreme Court’s “clearly […]
A small correction for Sandefur
By David Kopel on October 17, 2010 4:04 pm in Constitutional History, Constitutional Law, Due Process Clause Property Rights, Property Rights, Supreme Court, Uncategorized
Timothy Sandefur produces important research on economic liberty. I’m pleased that the Independence Institute, where I work, recently hosted an event for him to promote his book. I’m also happy that he has become part of the team of Cato Institute writers, which I have been part of since 1988. As a contributing editor of Liberty, I […]
“Alito may skip State of Union”
Or so reports the Associated Press (available in the Washington Post). The justice said the annual speech to Congress has become very political and awkward for the justices, who he says are expected to sit “like the proverbial potted plant.” * * * * * The better course, Alito said, is to follow the example […]
The Competition for Supreme Court Cases
Adam Liptak has an important front-page story in The New York Times about how Supreme Court specialists look for cases to take to the Supreme Court. The story presents a pretty accurate picture of how tough the competition is for cases likely to get to the Supreme Court. These days, if you’re a lawyer who […]
4-4 Is Just Fine
Jason Mazzone explains why Senator Patrick Leahy’s proposal to allow retired justices to participate in place of justices who have to recuse is “a solution in search of a problem.”
Justice Breyer Rejects Theory of “Pro-Business” Court
Bloomberg reports: Justice Stephen Breyer rejected the notion that the U.S. Supreme Court has a pro-business slant and said the court doesn’t rule in favor of companies any more frequently than it has historically. “I looked back,” he said in a Bloomberg Television interview in which he discussed his new book. “I couldn’t find a […]
Ninth Circuit Smackdown Watch
Lawrence Hurley of the Daily Journal reports that fully one-third of the cases on the Court’s docket thus far this term — 18 of 54 — are from the U.S. Court of Appeals for the Ninth Circuit. (Hat tip: How Appealing) Given that the Supreme Court is a bit more likely to reverse than to affirm, […]
Justice Kagan’s “Very Good Day”
Jan Crawford reports on Justice Elena Kagan’s first day on the Court: In her first case as a sitting justice this morning, Kagan came off like a seasoned, savvy pro. She hit lawyers with precise questions that weren’t unduly aggressive, and she made her points. What’s more, she showed why many people think she’ll be […]
Justice Kagan at Oral Argument
At the first oral argument this morning, Justice Elena Kagan was very much in the thick of things. Based on my skim of the transcript, Kagan asked five questions for the Petitioner and five questions for the Respondent. Here was Kagan’s first question: JUSTICE KAGAN: Mr. Burke, if we could stay with this. The $471 […]
Previewing the Supreme Court Term
October Term 2010 begins today, the first Monday in October, so it’s time for Supreme Court previews. Here are previews from the NYT, Washington Post (here too), and National Law Journal. My own term preview is up on NRO here.
What Were They Thinking–The Supreme Court in Revue, OT2009
As some of you know, for a few years (with a big hiatus when I was in the gummint) I have done semi-humorous and often factual Supreme Court Term-end wrap-ups. Well, I did my fourth this year, but because of a busy summer (and fall) at my day job, it looks like it won’t be […]
14 New Grants, Four More Recusals
The Supreme Court added fourteen more cases to the docket for October Term 2010 yesterday. Lyle Denniston rounds up the cases here. (More here.) As BLT notes, Justice Elena Kagan has recused herself from four of these cases. For those keeping track, this brings her total number of recusals up to twenty-five. This represents a […]