Dahlia Lithwick makes the case for a liberal of the Brennan/Marshall variety (although I suppose the best analogy to Scalia would be William O. Douglas.) Unfortunately, I think she's also convincing when she says that "[m]y own guess is that moderate, centrist Barack Obama is...
Supreme Court
Ruth Bader Ginsburg has had surgery for pancreatic cancer. As noted, "[s]he was treated for colon cancer in 1999 and did not miss a day on the bench," so her.
In 2000, the Supreme Court ruled in Apprendi v. New Jersey that under the 6th Amendment's right to a jury trial, any factor that increased a defendant's sentence had to.
One potential list here. I must admit that I have a strong sympathy for Sonia Sotomayor, given her role in stopping MLB's attempted bad faith union-busting in 1995, but she seems too moderate to be a good first choice on a Court with four doctrinaire...
Since we haven't heard much about the courts in this election, I suppose it's worth noting that given the likely retirements of Ginsburg (75 year-old cancer survivor), Souter (69, hates.
Kay Steiger has an excellent article about how vulnerable Roe is under the current Supreme Court, which quotes yours truly. The bottom line for me remains that the argument that.
Steven Calabresi waxes hysterical and ludicrously implausible:If Mr. Obama wins we could possibly see any or all of the following: a federal constitutional right to welfare; a federal constitutional mandate of affirmative action wherever there are racial disparities, without regard to proof of discriminatory intent;...
Excellent news:Earlier today, the Supreme Court effectively reversed a Sixth Circuit decision which required Ohio’s Secretary of State to implement new procedures which could purge thousands of voters from Ohio’s.
From the standpoint of a supporter of reproductive rights, Ann Bartow brings a pessimistic perspective while Neal Devins is more optimistic. I have agreements and problems with both arguments.I do.
Adam Liptak has a useful roundup, noting that the Court does not have any "blockbusters" comparable to last year's Second Amendment, death penalty, and war powers decisions. There are, however, some cases that indicate the likely direction of the Roberts Court and why many of...
I'll have more on the general subject of the 2000 election because of a new book this week, but since I happened to catch the replay of Leslie Stahl's puffball.
Ann Althouse watched Lily Ledbetter and claims "what she should say, to be honest, is: 'Our Court declined to rewrite the statute to be fair to me.'" To be honest,.