Justice Scalia's interviews with WSJ Law Blog: Dan Slater at the Wall Street Journal Law Blog posted on his interview with Justice Scalia today. All three parts relate to Justice Scalia's new book “Making Your Case: The Art of Persuading Judges.” Part I addresses tips given in Scalia's book; Part II addresses Justice Scalia's reputation as the "Master of Dissent"; and Part III addressed the Justice's views on the media, as well as attorney misbehavior. For those who will be in the D.C. area next week, Orin Kerr at Volokh Conspiracy reports the Justice will be signing copies of his book, and links to the details.
More on Panetti: Hat-tip to Doug Berman at Sentencing Law and Policy for this link to local Texas coverage of the May 26th decision that convicted murderer Scott Panetti was competent to be executed. Berman also links to Greg Bloom's article at DMI Blog on Mental Illness and the Death Penalty. CJLF's brief in the Panetti case is here. In that brief, we pointed out to the Court that their own overreaching three decades earlier in Faretta v. California, 422 U. S. 806 (1975), was the root of the problem in Panetti's case. In the current term, the Court will return to the Faretta problem and decide if a state can deny self representation to a marginally competent defendant. A decision in Indiana v. Edwards is expected in June. CJLF's brief in that case is here.
Could State Legislation Effect The Outcome of Kennedy v. Louisiana? Corey Rayburn Yung at Sex Crimes posted yesterday on Alabama and Missouri legislation addressing rape laws. In his post, Yung wonders whether the U.S Supreme Court will take notice of state legislation in its Kennedy decision, given the tricky point of reconciling the "evolving standards of decency" analysis with those states that have considered, but not adopted, capitalizing the crime of child rape.