Lithwick does a good job of summarizing the issues surrounding upcoming oral arguments about whether the 8th Amendment proscribes life-without-parole sentences for juveniles, but one set of facts under consideration raises another set of questions:Terrance Jamar Graham tried to rob a restaurant with two accomplices....
Supreme Court
You may remember, in one of the worst slippery slope arguments ever, school district lawyers objecting to the Supreme Court's salutary decision in Safford School District v. Redding because it.
Adam Liptak notes that this term's docket has a large number of cases about economic regulation:By the time the justices left for their summer break in June, a majority of.
An interesting article by Jess Bravin about Sotomayor's recent oral argument queries about whether treating corporations as the equivalent of persons for constitutional purposes:But Justice Sotomayor suggested the majority might have it all wrong -- and that instead the court should reconsider the 19th century...
In response to Jeff Rosen's recent argument that Elena Kagan blew it at the recent oral arguments on a campaign finance case, Yglesias argues that oral arguments at the Supreme.
That's the most plausible inference, anyway, and evidently it wouldn't be shocking. I just hope that Obama is thinking hard about who he'll nominate to fill a seat that has.
I have to agree with David Bernstein when it comes to the assertion that Sotomayor "will soon take on one of the most demanding jobs in the land." Granting that the job has some high-level intellectual demands and pressures, I would say that in fact...
I don't necessary agree with every nuance -- to say that law isn't determinate is different than saying that there is "no law" -- but I'm still gratified to see.
I think John's response to the question of in what sense Dred Scott made the underlying political situation worse (i.e. what bad consequences it had aside from its restatement of.
I haven't received my copy of Packing the Court yet, so it may be more nuanced on some points that its initial reviews make it sound. Assuming that the general take of Bazelon and Kakutani is correct, however, it seems to mix one salutary and...
Responding to Jack Balkin on the Court's "minimalist turn," Johnathan Adler argues:It's an interesting post, but I reject Balkin's premise. There's nothing "sudden" about the Roberts Court's minimalism. Rather, a.
Adam Liptak has done an excellent job as the Times' Supreme Court reporter, and while address some other aspects of his term-end roundup in a subsequent post I was especially.