Jeffrey Rosen brings up an interesting point about the judicial options for the next Democratic president. The recent Republican dominance of the White House leaves the Democrats with a very small group within the most desirable target candidates (relatively young, female or Hispanic, significant appellate...
Supreme Court
I cringe whenever I see that the Roberts Court is taking a case like this:In theory, a criminal-law doctrine known as the exclusionary rule forbids prosecutors from using evidence obtained.
I have more thoughts here.
In the wake of yesterday's oral argument in the Indiana voting rights case, Crawford v. Marion County Election Board, in which the Bush v. Gore majority played ping pong with Paul Smith, the lawyer for the Indiana state Democrats challenging the law, facial challenges to...
It's been buried by NH primary news, but it's worth noting that the Supreme Court heard Baze v. Rees yesterday. The case challenges Kentucky's use of a three-drug cocktail to.
Scott covered the important points in his post about the Supreme Court's decision today in Gall and Kimbrough. Boiled down, the Court in these cases says that it meant what.
I'm guessing Bean will have more to say about this, but the Supreme Court today held in a 7-2 decision that lower court judges are permitted not to apply federal sentencing guidelines (including, in this case, guidelines that mandate much harsher sentences for trafficking crack...
Unfortunately, other professional responsibilities have prevented me from reading the full transcripts yet, so I've only heard the highlights so far (I'll have more when I read them in full.).
The Supreme Court has decided to hear an appeal to the D.C. Circuit decision striking down D.C.'s handguns ban. I'll have more discussion about this later, but to stimulate discussion.
I actually agree with two points that Ross Douthat makes here. First, I think that there's a tendency to assume that Roe's popular support made its upholding inevitable, but this really isn't the case. If Reagan had appointed Bork and Scalia in reverse order, for...
It's all but official: the Supreme Court issued a stay of execution for a prisoner in Mississippi, "and thus gave a nearly indisputable indication that a majority intends to block.
Via Roy, I see that conservatives are whining about the great day 20 years ago on which arch-reactionary Robert Bork was justly rejected by the Senate. First if all, it's.