A First Amendment Conversation Between Nixon and Justice Burger:  At Blog of the Legal Times Tony Mauro has a post relating the details of a taped conversation between Warren Burger and then-President Nixon.  Mauro reports that the conversation begins with Nixon asking Burger a casual question about how the Court will decide the then pending First Amendment case of Miller v. California.  The most interesting part of the conversation comes when Nixon discusses the First Amendment standard for obscenity with Justice Burger and what it could mean for the Miller decision.  Mauro also provides this link for audio files of the conversation. 

What Could Happen with al-Marri:  Kent beat me to the punch with his update the the Kerr post earlier today, but, more details can be found at Volokh Conspiracy where Orin Kerr offers up his thoughts on what might happen to the U.S. Supreme Court case of al-Marri v. Pucciarelli if the Obama Administration decides to detain al-Marri on some ground other than "enemy combatant."  Kerr believes that if the Administration can drum up some other criminal charge against al-Marri then the Court is likely to dismiss the case.  He thinks this is the likely move for the Administration as it will "reinforce to the Justices that there's a new Executive Sheriff in town; it would look good to the world; it would make civil libertarians happy; it would keep Al Marri off the streets; and it would avoid litigation a battleground that the new administration didn't choose and presumably would rather have avoided in the first place."  Kerr also believes the Court may have granted certiorari today to signal to the Obama Administration that when it comes to al-Marri, the Administration had better act soon.