There will be much talk today and in the weeks to come about the Second Amendment case (below). But the Supreme Court handed down an interesting First Amendment case as well today, Christian Legal Society v. Martinez. The case involves discrimination — i.e., one's right to free speech and to freely associate. The facts are simple: Hastings College of Law … Read More
Here Come The Guns
Minutes ago, the U.S. Supreme Court issued an opinion which makes the Second Amendment applicable to states and municipalities. This is big. A quick background. The U.S. Constitution applies to the federal government (what it can and can't do). The rights protected by the Bill of Rights (freedom of speech, etc.) don't necessarily apply to states and municipalities unless and until … Read More
Supreme Court: No More Life Sentences Without Parole For Minors Who Haven’t Killed Anyone
It was a 5-4 decision, with Alito, Roberts, Scalia and Thomas in the minority. Really, this should have been a no-brainer. By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release. The court ruled in the case of Terrance Graham, who was implicated in armed robberies when … Read More
What Justice Kagen Means
If Kagen is confirmed, as I expect she will (despite a lot of moaning and lying from Republicans), the United States Supreme Court will consist entirely of justices who attended law school at either Harvard or Yale. (Note: Ginsberg graduated at Columbia, but she went to law school at Harvard and then Columbia). Not that Harvard or Yale are bad — … Read More
So Far, The Attacks On Kagen Are Lame
The Hill: Republicans are questioning Elena Kagan’s ties to a liberal icon and the nation’s first African American Supreme Court justice, Thurgood Marshall. In its first memo to reporters since Kagan’s nomination to the high court became public, the Republican National Committee highlighted Kagan’s tribute to Marshall in a 1993 law review article published shortly after his death. Kagan quoted … Read More
It’s Kagen
Obama is nominating Elena Kagen to replace Justice Stevens on the Supreme Court. Kagan is currently the Solicitor General representing the United States before the Supreme Court, after a six-year stint as dean of Harvard Law School. This is the first time in 40 years that a Supreme Court nominee has not previously been a judge. I won't weigh in … Read More
Supreme Court Rules On Whether To Close The Front Door
No, that's not a headline from The Onion. The United States Supreme Court issued a ruling this morning on whether the main entrance to the Supreme Court Building (at the top of the marble steps) should remain open to the public. They decided "no" in a 7-2 decision, citing security concerns, so the public entrance will be closed starting tomorrow. The Court’s … Read More
Supreme Court Justices Unprepared To Enter 21st Century
Recently — like Monday — the Supreme Court settled a First Amendment case involving videos depicting animal cruelty. Animal cruelty is illegal throughout the country, but the Court essentially held that the First Amendment makes it impossible to legislate against depictions of animal cruelt. (This makes distinct from child molestation, which is not only illegal, but depictions of it are … Read More
Supreme Court Strikes Down Ban On Animal Cruelty Videos
In 1999, Congress passed a law banning the sale or display (i.e., on the Internet) of animal cruelty. The law was passed in response to "crush videos" — i.e., videos of women in high heels stepping on kitten's skulls (yes, there is a fetish for everything nowadays). It's hard not to applaud such a law, which received wide bipartisen support. … Read More
Breaking: Justice John Paul Stevens To Retire
The oldest member of the Supreme Court, and the head of the liberal bloc just announced, as many thought he would, his retirement. He's 90 years old, and has been with the Supreme for almost 35 years. And here we go again. Next thing you know Obama is going to stomp on the Constitution by taking it upon himself to … Read More
The Golden Issue: Campaign Finance
If the Democrats were smart, they will take this issue and own it. The issue: the recent Supreme Court decision, Citizens United v. Federal Election Commission, where the Supremes ruled 5-4 that corporations have the same rights as individuals when it comes to political speech and can therefore use their profits to support or oppose individual candidates. The decision appears … Read More
‘Sup With The Lack of Blogging Lately?
Oh, a show. Work. Life. Burnout. All that. Plus, not a lot to say that is particularly insightful. Haiti was bad, but I guess everyone knew that. Scott Brown being elected to the U.S. Senate was bad, but not as bad as everyone made it out to be. He's a liberal Republican from Massachusetts, which is on a par with … Read More
Justice Scalia Wants Dumber Lawyers?
As reported in the Wall Street Journal law blog, Justice Scalia has some interesting opinions when it comes to the quality of counsel that appears before him in the U.S. Supreme Court: Well, you know, two chiefs ago, Chief Justice Burger, used to complain about the low quality of counsel. I used to have just the opposite reaction. I used … Read More
Judicial Activism
Number of questions asked by new Justice Sonia Sotomayor to litigants during her first hour on the Supreme Court bench: 36 Number of questions asked by Justice Clarence Thomas to litigants over the past three year: zero
Oyez! Oyez!
It's the first Monday in October, so the U.S. Supreme Court is now in session. I've already outlined the big cases this term (as I see them) here. This week on the docket, the Court will hear arguments for two First Amendment cases — one about speech; one about religion. The speech one I find particularly interesting. The case is on … Read More