More on McCain's Judicial Policy: Dan Slater at Wall Street Journal's Law Blog has this his post discussing Jeffrey Toobin's article in this week's New Yorker. Many of you may recall Toobin is the author of last year's The Nine, a book discussing U.S. Supreme Justices and the political process of judicial appointment. For those of you who have read the book, Tobin's critique of McCain's judicial policy will be no surprise. While WSJ Lawblog viewed McCain's policy to be "clear embrace of state’s rights and a jurisprudence of restraint," Toobin believes that McCain will "continue, and perhaps even accelerate, George W. Bush’s conservative counter-revolution at the Supreme Court.”

Comment on Scalia's Silence in Rodriquez: Doug Berman's post on United States v. Rodriquez, No. 06-1646, is an interesting attempt to utilize Rodriquez to determine how the U.S. Supreme Court might decide other sentencing decisions this term. Berman finds it especially interesting that Scalia stayed quiet on this issue, especially because of Scalia's belief that federal criminal statutes should be leniently construed.