Commenting on Judicial Appointments: Over at Bench Memos, Ed Whalen reacts to an editorial in today's Washington Post discussing judicial appointments past, present and future. Whalen takes issue with the editor's description of Conservatives under the Bush Administration, particularly what the Post perceives to be their "battle cry" that former-President Bush was entitled to appoint those who shared his "judicial philosophy." Whalen comments, that he "missed that 'battle cry,'" because he believes "the dominant substantive message from conservatives over the past eight
years is that nominees dedicated to judicial restraint should be
confirmed--not because that was President Bush's judicial philosophy but
because it's the judicial philosophy compatible with the system of
representative government that our Constitution creates."
Criminal Cases in the Supreme Court: SCOTUS watchers saw plenty of action today with decisions in three criminal procedure cases. As Kent reported earlier, both Pearson v. Callahan and Waddington v. Sarausad, were decided today. Ben Winograd at SCOTUSblog provides a quick summary of each decision with links to each decision. Over at Sentencing Law and Policy Doug Berman notes his surprise and excitement at the Court's summary reversal of Spears v. United States. Spears is a sentencing case addressing circuit court authority to second guess the sentencing court's sentence when the district court has provided a thoughtful explanation for the sentencing choice. Note the repartee between the Chief Justice's dissent and the Court's per curiam opinion.
Court Declines to Review Third Circuit's Ruling: Over at Wall Street Journal Blog, Dan Slater reports that the Child Online Pornography Act got "No Love" from SCOTUS today. Slater reports the Court declined to hear a Third Circuit decision that "took a whack at social conservatives when it affirmed a lower court ruling striking down COPA, or the Child Online Pornography Act." Slater also reports on the Court's decision to review Cuomo v. Clearing House Association on Friday. The case will address "whether state officials are barred from investigating the lending practices of national banks."
Criminal Cases in the Supreme Court: SCOTUS watchers saw plenty of action today with decisions in three criminal procedure cases. As Kent reported earlier, both Pearson v. Callahan and Waddington v. Sarausad, were decided today. Ben Winograd at SCOTUSblog provides a quick summary of each decision with links to each decision. Over at Sentencing Law and Policy Doug Berman notes his surprise and excitement at the Court's summary reversal of Spears v. United States. Spears is a sentencing case addressing circuit court authority to second guess the sentencing court's sentence when the district court has provided a thoughtful explanation for the sentencing choice. Note the repartee between the Chief Justice's dissent and the Court's per curiam opinion.
Court Declines to Review Third Circuit's Ruling: Over at Wall Street Journal Blog, Dan Slater reports that the Child Online Pornography Act got "No Love" from SCOTUS today. Slater reports the Court declined to hear a Third Circuit decision that "took a whack at social conservatives when it affirmed a lower court ruling striking down COPA, or the Child Online Pornography Act." Slater also reports on the Court's decision to review Cuomo v. Clearing House Association on Friday. The case will address "whether state officials are barred from investigating the lending practices of national banks."
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