In order from worst to not-all-bad: Strongly-ideological, highly-committed gun prohibitionist: Harold Koh. Extensive record of anti-Second Amendment leadership: Secretary of State Clinton, Sen. Sheldon Whitehouse, Gov. Deval Patrick. Limited but clearly negative record on right to arms: Judge Diane Wood, Judge Merrick Garland. Mixed record, but with very little positive: Amy Klobuchar. Mixed record: Cass […]
Archive | Supreme Court
Remembering Justice Stevens as a Boss
Today’s NYT presents reminiscences from six former clerks to Supreme Court Justice John Paul Stevens, Susan Estrich, Eduardo Penalver, Jeffrey Fisher, Cliff Sloan, Deborah Pearlstein, and Joseph Thai.
“Obama’s Next Justice”
National Review Online asked a bunch of people “What lies ahead?” with regard to the Stevens replacement, and published the answers here. There are contributions from our own Jonathan Adler, James Copland, Ted Frank, Rick Garnett, Stephanie Hessler, Curt Levey, Neomi Rao, Ralph Reed, William Saunders, Ilya Shapiro, and me. Here’s my answer: What lies […]
The Kennedy Court Comes of Age
As if Justice Kennedy did not wield enough influence on the Supreme Court’s decisions already, SCOTUSBlog’s Lyle Denniston explains why Justice Stevens’ retirement is likely to increase the swing justice’s effect on the Court. This is so for two reasons. First, Justice Stevens’ retirment means there are only two justices on the Court with seniority […]
Justice Stevens’ Retirement and the Next Justice
I’ve contributed to two online symposiua discussing Justice Stevens’ retirement and his potential successor. The first — “Topic A” on WashingtonPost.com — includes contributions from Senator Arlen Specter, UC Irvine Dean Erwin Chemerinsky, and Walter Dellinger, among others. The second, on National Review Online, includes contributions from many NRO regulars, as well as Notre Dame’s […]
Diane Wood on the Second Amendment
In Justice v. Town of Cicero, 577 F.3d 768 (7th Cir., Aug. 14, 2009), Judge Wood upheld the handgun registration ordinance of Cicero, Illinois. The opinion accurately explained that under the then-current law of the Circuit, the Second Amendment was not incorporated in the Fourteenth. Surprisingly, Judge Wood then asserted that even if the Second Amendment were […]
Blogging Justice Stevens
The National Law Journal has launched a new group blog — Speaking of Stevens — to discuss Justice Stevens’ legacy and the future of the Supreme Court. The wide range of contributors includes our own John Elwood. The National Journal has also re-activated its Ninth Justice nomination blog.
The Timing of Justice Stevens’ Retirement
As Tuan Samahon notes, Justice Stevens has announced his retirement effective the end of the Supreme Court’s term — “effective the next day after the Court rises for the summer recess this year” — and not, as Justice O’Connor had done, effective upon the confirmation of a successor. This may not make any difference, as […]
Justice Stevens to Retire
It’s now official that Justice John Paul Stevens will retire this summer, the AP reports.
Conversations with Justice Stevens
This morning there are interesting articles based on interviews with Justice John Paul Stevens in both the New York Times and Washington Post. In each he talks about his time on the Court and his contemplation of retirement.
Interesting SCOTUS Line-Up
Today the Supreme Court released its opinion in Shady Grove Orthopedic v. Allstate Insurance. The case concerns whether state law can preclude a federal court from considering a class-action when the federal court is exercising diversity jurisdiction over a case that primarily raises state law claims. I’m sure others will have plenty to say on […]
Is the tax power infinite?
By David Kopel on March 22, 2010 8:05 pm in Commerce Clause, Congress, Constitutional History, Economic LIberties, Federalism, Guns, Health Care, Necessary and Proper, Politics, Supreme Court, Taxes
One source of the impending constitutional challenge to the Obamacare mandate is that exceeds the enumerated powers granted to Congress under Article I, section 8. For example, that the people’s grant to power to Congress to regulate commerce among the several states does not include the power to compel people to engage in commerce. Jack […]
Legal Action and Political Action as a Two-Track Strategy for Opposing Obamacare
By Ilya Somin on March 22, 2010 7:05 pm in Commerce Clause, Health Care, Obama, Spending Clause, Supreme Court
In a recent post, I suggested that Obamacare will be almost impossible to repeal through political action. History shows that it is extremely difficult to eliminate entitlements. In addition, repeal would require Republican congressional majorities and a Republican president; I doubt we will get both simultaneously for years to come. Although various state governments and […]
Public Opinion About the Supreme Court
Is the Supreme Court too conservative? Not according to the public, it seems. Specifically, Rasmussen has a new poll out that asked 1,000 likely voters the following question: “In political terms is the Supreme Court too liberal, too conservative, or about right?” Here are the results: Too liberal: 32% About right: 33% Too conservative: 23% […]
“Dissenting from the Bench”
It appears there has been a slight increase in the reading of dissents from the bench over the past few years. Is this a sign of a more contentious and less collegial Supreme Court? It’s the subject of Adam Liptak’s latest “Sidebar” column. “Dissenting from the bench,” a new study to be published in Justice […]