An Umpire Strikes Back: Yesterday's Above the Law "Quote of the Day," featured Chief Justice Roberts, and his remarks revisiting the exchange between President Obama and Justice Alito during the State of the Union address. According to an Los Angeles Times article by David Savage, Chief Justice Roberts told University of Alabama law students that he found it "very troubling" to be surrounded by loudly cheering critics at President Obama's State of the Union address. During the program's Q&A, the Chief Justice was asked about the incident, he stated that the criticism didn't bother him, "[a]nybody can criticize the Supreme Court. . . . I have no problem with that." He objected to the criticism in such a public setting. The Chief Justice also commented on the politics surrounding the State of the Union, saying "[t]o the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we are there." At Volokh Conspiracy, Eugene Volokh comments that if the Justices don't want to attend, "the Congress Provision of the State of the Union Clause should serve as an adequate excuse." At Crossroads, Jan Crawford comments on White House Press Secretary Robert Gibbs' response to the Chief Justices remarks. She writes, "[f]or the life of me, I just don't get why the White House continues to try to pick a fight with the Supreme Court."
Another Hearing on Texas's Death Penalty: Doug Berman posts on Sentencing Law and Policy that Texas District Court Judge Fine is "reconsidering [his] declaration that state's death penalty is unconstitutional." An AP piece by Juan A. Lozano reported that Judge Fine took back his controversial ruling yesterday, and has scheduled a hearing for next month to hear evidence on the issue. Judge Fine has stated that he wants more information before making a final decision about whether the state's death penalty statute allows for the possible execution of an innocent person. He has asked Harris County defense attorneys and prosecutors to submit motions on the due process issue by April 12. An evidentiary hearing is scheduled for April 27, when testimony on whether innocent people have been executed in Texas is set to be presented. At Homicide Survivors, Dudley Sharp provides his thoughts on Judge Fine's decision.
More on Criticizing Lawyers Who Represent Detainees: At Volokh Conspiracy, Orin Kerr responds to Andrew McCarthy's comments on pro bono lawyers for Guantanamo detainees. Kerr does not agree with McCarthy's assertion that lawyers "assist[ed] the enemy . . . against the American people during wartime." His post explains why. Kerr's post addresses McCarthy's claims that "only criminal defendants" have a right to counsel, and discusses McCarthy's comments on the Boston Massacre. At Wall Street Journal's Law Blog, Ashby Jones rounds up coverage on the fallout from criticisms like McCarthy's. He focuses on editorials and articles written about the Keep America Safe video released last week.
"Mistaken Defenses to Goodwin Liu": On NRO's Bench Memos, Ed Whalen is "pleased to report" criticisms of his blog posts on the nomination of Goodwin Liu are "ill-founded."
Another Hearing on Texas's Death Penalty: Doug Berman posts on Sentencing Law and Policy that Texas District Court Judge Fine is "reconsidering [his] declaration that state's death penalty is unconstitutional." An AP piece by Juan A. Lozano reported that Judge Fine took back his controversial ruling yesterday, and has scheduled a hearing for next month to hear evidence on the issue. Judge Fine has stated that he wants more information before making a final decision about whether the state's death penalty statute allows for the possible execution of an innocent person. He has asked Harris County defense attorneys and prosecutors to submit motions on the due process issue by April 12. An evidentiary hearing is scheduled for April 27, when testimony on whether innocent people have been executed in Texas is set to be presented. At Homicide Survivors, Dudley Sharp provides his thoughts on Judge Fine's decision.
More on Criticizing Lawyers Who Represent Detainees: At Volokh Conspiracy, Orin Kerr responds to Andrew McCarthy's comments on pro bono lawyers for Guantanamo detainees. Kerr does not agree with McCarthy's assertion that lawyers "assist[ed] the enemy . . . against the American people during wartime." His post explains why. Kerr's post addresses McCarthy's claims that "only criminal defendants" have a right to counsel, and discusses McCarthy's comments on the Boston Massacre. At Wall Street Journal's Law Blog, Ashby Jones rounds up coverage on the fallout from criticisms like McCarthy's. He focuses on editorials and articles written about the Keep America Safe video released last week.
"Mistaken Defenses to Goodwin Liu": On NRO's Bench Memos, Ed Whalen is "pleased to report" criticisms of his blog posts on the nomination of Goodwin Liu are "ill-founded."
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