Analyzing Justice Thomas' Thoughts On Originalism: Yesterday we had a post on Justice Clarence Thomas' lecture to the Manhattan Institute. Jack Balkin, at Balkinzation, posted the same excerpt from the Wall Street Journal, and offered his thoughts on whether Justice Thomas was embracing "originalism based on original intentions rather than one based on original meaning." Balkin would find a move surprising, since many have assumed Justice Thomas to be "a devotee of original meaning originalism." Balkin's post discusses the difference between original meaning originalist and an original intentions originalist (say that five times fast) as well as the significance of the distinction.

Attorneys For Uighurs Seek en banc Review: For those following the legal battles of the Uighurs, 17 Chinese Muslim Guantanamo Bay detainees, Lyle Denniston provides an update on the latest filing. Today, attorneys for the Uighurs requested en banc review so the D.C. Circuit Court could lift yesterday's ban on the detainee's release. The petition also suggested the Court review on the merits without waiting for further action before the panel. At Blog of the Legal Times, Tony Mauro has this post summarizing yesterday's order. Two judges, over the dissent of Judge Rogers, granted the Government’s motion to stay the release pending appeal and set oral argument for November 24. Attorneys for the Uighurs argued in today's petition that although the three-judge panel ordered expedited review, en banc review was likely and should begin without further delay.

Societal Cost of Leniency for Drunk Driving: At Sentencing Law and Policy, Doug Berman posts on an article in the Milwaukee Journal Sentinel that "reinforces [Berman's] concerns about the harmful consequences and costs of undue sentencing leniency being shown to repeat drunk drivers." Both his post and the article lay out the details of a man who had been convicted of drunk driving "at least" nine times before he received a tougher sentence for his tenth offense. The Sentinel estimated the man's drinking and driving has cost nearly $365,000, with nearly $240,000 coming from tax dollars of insurance payouts. The article, and Berman's post, provide a graphic documenting how the Sentinel calculated the economic cost. In addition, Berman's post provides links to his thoughts on how we should punish drunk driving.