Remarks from Senator Biden on Judicial Nominations
Here is a webcast of remarks Senator Biden gave today on Judge Roberts and the importance of the “advice and consent” clause of the Constitution.
July 2005 Archive
Showing 1–50 of 71 items published in July 2005, most recent first.
Upcoming Events
This weekend, July 28-31, the American Constitution Society will host its 2005 National Convention in Washington, DC.
New panel, date for detainees’ hearing
(This is one of a series of continuing reports on the aftermath of the Supreme Court’s June 2004 decisions in the war on terrorism cases.) The D.C. Circuit on Wednesday named a new — and more senior — panel of judges to hear the appeals in the cases of the detainees now being held captive at the U.S. Naval prison at Guantanamo Bay, Cuba.
Blog Round-Up – Monday, July 25th
Here Volokh Conspiracy comments on this post by Bench Memos on whether or not the Senate can confirm Justice O’Connor’s replacement before her resignation is effective.
New legal threat to Big Tobacco
As the federal government’s new appeal to the Supreme Court in the anti-racketeering case against the tobacco industry moves along at a leisurely summertime pace, the case is moving apace in U.S. District Court in Washington.
Tobacco battle rages on two fronts
The Bush Administration may have gone on to the Supreme Court to try to salvage much of its massive case against the tobacco industry, but the industry wasted no time in moving in a lower court to scuttle most of what is left of the case.
Next Term’s Case List
Here is the OT 2005 case list, as revised to account for the Court’s October to December argument calendars, which Lyle detailed in this post.
Blog Round-up – Thursday, July 21st
Here is Underneath their Robes on the candidates who were not picked to be the new Supreme Court nominee. Legal Affairs Debate Club asks “Is the Federalism Revolution at its End?”
SG Brief Defending Solomon Amendment
Solicitor General Clement has filed the Government’s opening brief in No. 04-1152, Rumsfeld v. FAIR, the case challenging the constitutionality of the Solomon Amendment.
Roberts Nomination
Just a reminder that our discussion of Judge Roberts’s nomination is going on over at the Nomination Blog.
Commentary: Roberts and “a gang of 3”
John G. Roberts, as a new Associate Justice, would have an instant opportunity to become a “swing vote,” in the style — though not necessarily with the same results — of Justices Sandra Day O’Connor and Lewis F. Powell, Jr. He could do so by becoming a part of what might be called a “gang of 3.” The others in that “gang” could be Justices Anthony M. Kennedy and Stephen G. Breyer.
Blog Round-Up – Wednesday, July 20th
Complete coverage of Judge Roberts and the confirmation process is available on The Supreme Court Nomination Blog. Here is the most recent of a series of posts on the Volokh Conspiracy about Tradesports and the accuracy of electronic markets when it comes to betting on future Supreme Court Justices.
Argument calendars for new Term
The Supreme Court on Wednesday released the schedule of cases to be argued in October, November and December. In one of the more interesting arrangements, the Court scheduled two abortion cases on the same day — November 30.
Blog Round-up – Tuesday, July 19th.
The Center for American Progress has put together this team of former Supreme Court clerks and law professors to blog about the Supreme Court at this new blog affiliated with Think Progress.
Tobacco deadline approaches
The Justice Department’s opportunity to ask the Supreme Court to give it the authority to force the tobacco industry to surrender $280 billion in “ill-gotten gains” apparently is now in its final hours.
Blog Round-up – Monday, July 18th
Here is a webcast of President Bush’s recent radio address urging senators to “rise above partisanship” in the confirmation process of any new Supreme Court justice to replace Sandra Day O’Connor. Jack Balkin has this post on his new book, “What Roe v. Wade Should Have Said.”
Government appeals on tobacco remedy
The Justice Department on Monday afternoon asked the Supreme Court to rule that the tobacco industry may be ordered to give up corporate revenues obtained from an alleged four-decade campaign of deception about the health hazards of smoking.
Federal Government’s Tobacco Petition
The government has today filed this petition and appendix.
Chief Justice to remain on Court
Chief Justice William H. Rehnquist said Thursday night that he plans to remain on the Supreme Court, and has no plans to retire. His statement was released at about 9 p.m. to the Associated Press by a member of his family, but was later confirmed by the Court.
Analysis: The Court in September
Just a little over ten weeks from now, the Supreme Court will gather for its initial closed-door conference at the start of a new Term. It now appears that Chief Justice William H. Rehnquist will be presiding.
Blog Round-up – Friday, July 15th
Sentencing Law & Policy has this weekly round-up of happenings at the Court as they relate to sentencing and criminal law. Senator Schumer has released this letter signed by more than one hundred legal scholars designed to advise Senators on how to ensure judicial nominees are “within the constitutional mainstream.” PrawfsBlawg comments on the letter here.
Terrorism tribunals upheld
In a major ruling that ultimately may be tested in the Supreme Court, the D.C. Circuit on Friday upheld the military tribunals set up by the Bush Administration to try terrorism suspects for war crimes.
Chief Justice released from hospital
Chief Justice William H. Rehnquist has been released from an Arlington, Va., hospital and is now at home, the Court said Thursday. The 80-year-old jurist was taken to the hospital Tuesday night after developing a fever. He remained at the hospital through Wednesday night and part of Thursday.
Blog Round-up – Wednesday, July 13th
Here is an interview with Professor Richard Garnett, Lilly Endowment Associate Professor of Law at the University of Notre Dame, about the Supreme Court.
State of the Firm
Every once in a while we do a short post on the cases the firm is working on at the Supreme Court. We are currently counsel in four cases on the merits for next Term: No. 04-66, Tum v. Barber Foods (to be argued in October) involves employees’ right to compensation for the time they spend walking to and waiting at clothes-changing stations.
Chief Justice Hospitalized With A Fever
The AP reports.
Chief Justice hospitalized
Chief Justice William H. Rehnquist is in the hospital in Arlington, Va., for observation and tests after developing a fever, the Supreme Court said on Wednesday.
A vigorous constitutional debate on AEDPA
(This is another in an occasional series of reports on the impact Supreme Court decisions have on other cases and controversies.)
Blog Update
ACSBlog has made available a transcript of their Supreme Court Review featuring former U.S. Solicitors General Drew Days and Seth Waxman.
Blog Round-Up – Monday, July 11th
Here is Sentencing Law & Policy on the Court’s decision to stay the execution of Robin McKennell Lovitt, pending review of his cert petition. The Volokh Conspiracy has this update on legislative responses to Kelo. PrawfsBlawg responds here.
Kelo Fallout Continues
This is one of a series of continuing reports on the aftermath of the Supreme Court’s June 23 decision in Kelo v. New London, a 5-4 decision upholding local government takeover of private property for private economic redevelopment.
Blog Round-up – Sunday, July 10th
Here is Prawfsblawg defending Judge Bork. Here is Linda Greenhouse on the legacy of the Rehnquist Court. Here is Eugene Volokh on when the Justices have changed their mind on big issues. C-SPAN recently launched this special website on the Supreme Court.
The Court’s Argument Calendar
The Supreme Court almost always hears cases on a “first come, first served” basis. The cases are slated for argument based on when the briefing will be concluded. I sometimes wonder whether the Court’s jurisprudence would benefit if arguments were scheduled based on the cases’ subject matter.
Execution delayed in DNA case
The Supreme Court on Monday blocked the scheduled execution Monday night of a Virginia death row inmate, in a case that seeks to raise basic issues about a state’s obligation to preserve DNA evidence for possible use in challenging a criminal conviction in post-conviction review.
Jack Balkin on the Fate of Roe v. Wade
Jack Balkin has a new and important (and, IMHO, persuasive) post up today about how a reconfigured Court might well nominally leave Roe v. Wade in place while de facto overruling many of the most significant doctrinal principles associated with Roe‘s progeny, including Casey. More details here.
Partial-birth abortion case advances
Moving the heated controversy over a ban on so-called partial-birth abortion closer to the Supreme Court, the Eighth Circuit on Friday ruled that Congress acted unconstitutionally in 2003 in outlawing such abortions nationwide.
The Chief and Thyroid Cancer
Via How Appealing, Lawrence Altman and Linda Greenhouse have this detailed article.
Following Up on Lyle’s Partial Birth Abortion Post
Howard Bashman has this analysis, in which he also considers the decision’s relevance to a new Supreme Court nominee.
Justices Changing Positions
Eugene Volokh has this post providing several examples and soliciting others.
Rehnquist Posts
We removed Marty’s post and then my follow-up saying that Rehnquist wouldn’t retire today. I just wanted to put up a post to make sure that no one thought that we were trying to “rewrite history.” I can say personally that the information I was able to gather throughout the day was that the rumors were inaccurate.
A New Rehnquist Post
The White House has told the press corps that there will be no more news today. The S. Ct. press corps has gone home too. It wasn’t true.
Supreme Court Event Tomorrow
THURSDAY, JULY 7, 2005 10:00 A.M. ROOM 2000, GEORGETOWN LAW CENTER HOTUNG INTERNATIONAL LAW BUILDING JUSTICE SANDRA DAY O’CONNOR: SOME REFLECTIONS ON THE LEGACY AND THE LEGEND PANEL DISCUSSION INCLUDING: Viet Dinh, Professor of Law, Georgetown University Law Center Roy Englert, Partner, Robbins,
Blog Round-up – Thursday, July 7th
Balkinization has this entry on judicial activism. The Volokh Conspiracy also discusses judicial activism in this post by Randy Barnett. The Volokh Conspiracy also has this entry on a website that is taking bets on whether or not the President will nominate a woman or minority to Justice O’Connor’s seat.
Guantanamo hearings set in Circuit Court
(This is one of a continuing series of reports on the aftermath of the Supreme Court’s June 28, 2004, ruling in one of the war on terrorism cases, Rasul/Al Odah v. U.S.) Two of President Bush’s nominees to federal appeals judgeships — both challenged by Democrats in the Senate — now have a pair of major cases assigned to them early in their careers.
Doug Laycock on the Ten Commandments Cases
Doug Laycock has published an essay in Legal Times on the two recently decided Ten Commandments cases. I highly recommend it. Doug apparently shares my view that among the most striking (and disturbing) things about the decisions was the willingness of three Justices to expressly approve sectarian discrimination (and, in Justice Thomas’s case, to approve of state endorsement of Christianity as such).
Grokster Event
The D.C. Bar will be holding a panel on Grokster today: DISTRICT OF COLUMBIA BAR Arts, Entertainment, Media and Sports Law Section Intellectual Property Law Section Copyright Society of the USA, Washington, DC Chapter Washington Area Lawyers for the Arts Present a Luncheon Program File Sharing and
Blog Round-Up – Wednesday, July 6th
Here is Orin Kerr discussing Professor Bill Stuntz’s piece in The New Republic (registration required) on judicial uses of power, his experience clerking for Justice Powell and thoughts on the tenure of Justice O’Connor.
Nomination Blog
There are new posts on the Nomination Blog on the future of Roe v. Wade, press coverage of the nomination process, and more information on Justice O’Connor’s voting record.
Analysis: Judith Miller goes to jail
The Supreme Court on June 27 declined to hear two reporters’ contempt-of-court cases. The Court’s order led to one of the reporter’s jailing on Wednesday.
New Posts Are Up
Over on the Nomination Blog.
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