Two Vacancies on the Court?: Tony Mauro thinks its a likely possibility in his National Law Journal article. Mauro writes that the White House is reportedly preparing for more Supreme Court exits, as court watchers speculate that Justices Stevens and Ginsburg will announce their retirement this year. Mauro doesn't readily embrace the speculation. He writes that Justice Ginsburg has expressed a desire to stay on the Court until she reaches or exceeds the
age of Louis Brandeis, her judicial idol, when he retired at age 83. Justice Stevens, on the other hand, "has done nothing to discourage predictions that he will leave this term." Mauro proposes two theories for the White House to prepare for two vacancies. First, Justice Ginsburg could retire now, while the Senate is still controlled by Democrats, and spare the Obama administration and the next candidate the frustration of a Republican filibuster. Second, Mauro proposes that "in a strange way, two vacancies at once might actually help Obama push through at least one liberal nominee." At Sentencing Law and Policy, Doug Berman responds to Mauro's piece by offering his advice on whom the President should nominate. Jonathan Adler rounds up media reports at NRO's Bench Memos.
A Comment on New York Times Editorial: At Sentencing Law and Policy, Doug Berman writes that the New York Times was "a little off" in its editorial "Justice Kennedy on Prisons." The editorial, mentioned in today's News Scan, takes aim at Justice Kennedy's remarks on prison overcrowding in California, and the state's three-strikes law. Berman takes issue with the editorial's comment that "[m]uch of the blame" for California's three-strikes law "lies with the Supreme Court." He writes that the Court cannot be blamed for "for state decisions to pass stupid or harmful criminal laws and punishment."
Supreme Court April Arguments: Lyle Denniston reports on SCOTUSblog that the U. S. Supreme Court has released its April arguments calendar. None of CJLF's cases are scheduled for argument in April, but we'll be interested to hear what the Court says when it hears Doe No. 1 v. Reed (09-559) on Wednesday, April 28th.
Volokh Conspiracy Bloggers Branch Out: On Sunday, Volokh Conspiracy blogger Orin Kerr posted news that he will be co-blogging at SCOTUSblog. He writes that he will be commenting on about various aspects of the Court's criminal law docket, particularly the Fourth Amendment and constitutional criminal procedure cases. Meanwhile, CrimProf Blog editor Kevin Cole has posted a link to Eugene Volokh's publication Nonlethal Self Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life. Cole writes that the piece draws from Volokh's article in the Stanford Law Review and includes a discussion of state constitutional provisions protecting a right to self defense.
Recession Takes Toll on Jury System: Ashby Jones reports on Wall Street Journal's Law Blog that the recession has made people less available to serve on juries and spend several days away from their families or jobs. A recent Los Angeles Times article by Carol J. Williams, reports that high unemployment has made it more difficult for courts to seat juries for trials running more than a day or two. In one case, scheduled for a three-week trial, lawyers for both parties waived their right to a jury trial, after three days of mounting juror insurrection, and left the verdict up to Los Angeles Superior Court Judge James R. Dunn.
A Comment on New York Times Editorial: At Sentencing Law and Policy, Doug Berman writes that the New York Times was "a little off" in its editorial "Justice Kennedy on Prisons." The editorial, mentioned in today's News Scan, takes aim at Justice Kennedy's remarks on prison overcrowding in California, and the state's three-strikes law. Berman takes issue with the editorial's comment that "[m]uch of the blame" for California's three-strikes law "lies with the Supreme Court." He writes that the Court cannot be blamed for "for state decisions to pass stupid or harmful criminal laws and punishment."
Supreme Court April Arguments: Lyle Denniston reports on SCOTUSblog that the U. S. Supreme Court has released its April arguments calendar. None of CJLF's cases are scheduled for argument in April, but we'll be interested to hear what the Court says when it hears Doe No. 1 v. Reed (09-559) on Wednesday, April 28th.
Volokh Conspiracy Bloggers Branch Out: On Sunday, Volokh Conspiracy blogger Orin Kerr posted news that he will be co-blogging at SCOTUSblog. He writes that he will be commenting on about various aspects of the Court's criminal law docket, particularly the Fourth Amendment and constitutional criminal procedure cases. Meanwhile, CrimProf Blog editor Kevin Cole has posted a link to Eugene Volokh's publication Nonlethal Self Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life. Cole writes that the piece draws from Volokh's article in the Stanford Law Review and includes a discussion of state constitutional provisions protecting a right to self defense.
Recession Takes Toll on Jury System: Ashby Jones reports on Wall Street Journal's Law Blog that the recession has made people less available to serve on juries and spend several days away from their families or jobs. A recent Los Angeles Times article by Carol J. Williams, reports that high unemployment has made it more difficult for courts to seat juries for trials running more than a day or two. In one case, scheduled for a three-week trial, lawyers for both parties waived their right to a jury trial, after three days of mounting juror insurrection, and left the verdict up to Los Angeles Superior Court Judge James R. Dunn.
Leave a comment