Judicial Thought Process: Ed Whelan at Bench Memos (NRO) posted a link to his review on Judge Posner's new book How Judges Think. The review strings together a series of seven comments on Posner's book, and ultimately argues that Posner has failed to make a case for legal pragmatism over legalism. Whelan's commentary on Chapter 10 of Posner's book, "The Supreme Court Is a Political Court", is particularly interesting. There, Whelan discusses whether a Justice's personal politics do actually interfere with his judicial findings.
More Baze: Orin Kerr at the Volokh Conspiracy posted these thoughts on yesterday's decision in Baze v. Rees.
Professor Denno on Baze: Capital Defense Weekly had this post on a quote from Fordham University's Professor Deborah Denno, one of the experts who testified in the Franklin Circuit court hearings on Kentucky's death penalty protocol. Fordham University School of Law also authored an Amicus brief on behalf of Petitioners.
Washington finds Blakely error not harmless: Sentencing Law and Policy has a post on today's Washington Supreme Court decision in State v.Recuenco, on remand from Washington v. Recuenco, 548 U.S. 212 (2006). The opinion holds that while the United States Supreme Court held in Washington v. Recuenco, that a Blakely-type error could be subject to harmless error analysis, Washington law did not permit harmless error analysis under the circumstances of this case. The Washington opinion can be found here.