UPDATE, BREAKING NEW (11:30 a.m.): Although not related to the gun issue below, the Supreme Court just ruled that it is "cruel and unusual punishment" to give the death penalty to a man who raped an 8 year old. It was a 5-4 decision, but I don’t know the breakdown. Interestingly, victims’ rights groups didn’t want the death penalty for … Read More
Gitmo Detainees Have Habeus Rights
OK. Permit me to get all law geeky, but this is big legal news. Well, it’s big news for anyone who believes in our Constitution, really. Aned a big blow to the Bush Administration. About an hour ago, the Supreme Court ruled that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. What … Read More
Hillary for SCOTUS?
Intriguing: As the primary season nears a merciful end, the Clinton-Obama conflict is giving way to Obama-Clinton conjecture. Many in the Democratic Party support a so-called dream ticket of both, with Barack Obama at the top. They believe Hillary Clinton has earned the No. 2 spot through her feisty, never-say-die campaign, and they worry that her supporters will stay home … Read More
Our Supreme Court
How did he get there? Justice Antonin Scalia said states have been careful to adopt procedures that do not seek to inflict pain and should not be barred from carrying out executions even if prison officials sometimes make mistakes in administering drugs. "There is no painless requirement" in the Constitution, Scalia said. Chief Justice John Roberts and Justice Samuel Alito … Read More
VERY Important Supreme Court Case
Perhaps the most important Second Amendment case evah, and the U.S. Supreme Court has decided to take the case. I blogged about it back in March, so (if you’re interested) you can get the background. What’s at stake? Theoretically, the whole ball of wax. The central issue is whether we as individuals have the "right to keep and bear arms", … Read More
The Final Word On Sex Toys In Alabama
A footnote a post I wrote way back in February regarding the constitutional challenge to an Alabama law forbidding the sale of sex toys: The U.S. Supreme Court refused to take the case yesterday. So the law stands. Which means you cannot sell sex toys in Alabama. (You can use them, though).
Supreme Court Preview
This blog actually was originally an outgrowth of legal writings I did on the Supreme Court and the Constitution. I used to prepare Continuing Legal Education materials on constitutional issues, and that whetted my appetite to express my views on the Supremes and upcoming highlights in the law. Hence, this blog. Sadly, I don’t do that kind of work and … Read More
Bush V. Gore History
According to a new book on the Supreme Court by Jeffrey Toobin, Justice David Souter nearly resigned in the wake of Bush v. Gore because he was so distraught over the decision that effectively ended the Florida recount and installed Bush as president: Toobin writes that while the other justices tried to put the case behind them, “David Souter alone … Read More
Chief Justice John Roberts Has Seizure
Here is the video of the seizure, as re-enacted by goats: [H/T/:tbogg]. Roberts is fine, by the way.
The Two Free Speech Cases
This, a post by Marty Lederman, nails the inherent contradiction in the two Free Speech cases handed down yesterday by the Supreme Court: A friend writes to note the striking contrast in the way the Chief Justice views the "reasonable" interpretation of the ambiguous expression in today’s two Free Speech Clause cases: From Wisconsin Right to Life: “Because WRTL’s ads … Read More
Supreme Court Roundup
Two seemingly contradictory cases on the First Amendment from the Supreme Court today. On the one hand, it is permissible to regulate student speech (at a public parade) when it references drugs. So, the First Amendment be damned. On the other hand, the same coalition of Justices think we cannot restrict issues ads (a McCain-Feingold regulation) because that would place … Read More
Scalia Doesn’t Cite International Law; Cites Hollywood Instead
This guy is an idiot: Senior judges from North America and Europe were in the midst of a panel discussion about torture and terrorism law, when a Canadian judge’s passing remark – "Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’ " – got the legal bulldog in Judge Scalia barking. … Read More
BREAKING: Supreme Court Upholds Ban On Partial Birth Abortion
MSNBC story here. Opinion here. No time to read the opinion and give my expert legal analysis, but it’s clear that Stenberg v. Carhart (2000) is effectively overturned (although the majority opinion denies that they are doing so). The different between that case and this one? Alito is on the Court; O’Connor is not. UPDATE: Lyle Denniston of SCOTUSBLOG does … Read More
Major Environmental Victory in Supreme Court
It was close, 5-4, but the Supreme Court handed down its opinion on the controversial EPA case. The case was relatively simple: does the Clean Air Act give the EPA the authority to regulate greenshouse gases? The EPA (under Bush) said "no". States sued, saying to the EPA, "Hey. Do your job." The EPA said, "It ain’t our job". BACKGROUND … Read More
NH Parental Notification Law On Verge Of Being Repealed
It was a law that made nation-wide news last year: a law in New Hampshire required underage girls to get parental consent prior to receiving an abortion, even when the life and health of the underage mother was at risk. The law was challenged as unconstitutional, and it made its way all the way up to the U.S. Supreme Court. … Read More