Supreme Court: The Next Term Thus Far
Thus far, the Supreme Court has granted 11 cases for their next term and held over a case from this term for a total of 12 cases. A quick review of these granted/held over cases is in order. In Arkansas Game & Fish Commission v. United States, the state of Arkansas is claiming that a decision to periodically release water from a dam upstream which | Read More »
Judicial Nominations: The Problem and Solution
There are currently 82 vacancies in the federal judiciary. A recent article in one of my favorite liberal rags- The Nation- states that the “obstructionist” Republicans in the Senate are holding up the judicial process in the US. This is part of an article by Ari Berman which addresses not only this issue, but the importance of the Supreme Court in relation to this year’s | Read More »
Taking On the Court?
In a recent article in The Atlantic, First Amendment lawyer Marvin Ammori wrote an argument that Obama should run against the Supreme Court and make it an issue in the 2012 campaign. Starting with reasons not to do so, he quickly comes to the conclusion that Obama should discard those reasons and attack. The first reason is strategic. Obama’s approval rating stands near 47% while | Read More »
Reconsidering Kelo: the Takings Clause
The United States Supreme Court has agreed to take at least one case that addresses the Takings Clause of the Fifth Amendment. There is a potential another could reach the Court as there is a pending petition before the Court. One of the most important rights we enjoy is the right to own private property. This right has been held central in our history and, | Read More »
Is Roe v. Wade Settled Law?
In the continuing alleged “war on women,” the Democrats are attempting to motivate/scare women voters into siding with their feminist-activist agenda and beliefs. As always, abortion and “reproductive rights” are the centerpiece of their talking points as they portray Republicans as trying to restrict a “fundamental right” of women- that of whether or whether not to have children. However, the starting point- Roe v. Wade- | Read More »
Update on New Jersey Strip Search Case
The US Supreme Court has finally released an opinion in the case of Florence v. Board of Freeholders of Burlington County, NJ, et. al. In a previous entry, I detailed the case. The Court, in an opinion authored by Anthony Kennedy, upheld the use of strip searches in jails and prisons even for minor offenses. Most of Kennedy’s decision, in laborious detail, outlines the reasons | Read More »
Our Law Professor President
Barack Obama has decided to take on the Supreme Court with his rhetoric regarding the health care oral arguments. Stating confidence that the Court will not overturn a law enacted by a duly elected legislature, self-proclaimed University of Chicago Law Professor, Obama, apparently failed to teach his students a mainstay of constitutional law. Since 1803, in the case of Marbury v. Madison, the concept of | Read More »
Shame on the RNC and Shame On Liberals
The Liberal press and blogosphere is absolutely insane over the recent Obamacare oral arguments before the Supreme Court. Apparently a day to digest the argument has given them enough time to conjure up enough vitriol to make a Spike Lee tweet look trivial. On one article on DailyKos, the writer used the term “radical” to describe the Supreme Court ten times in five paragraphs indicating | Read More »
What is Next for the Court?
Essentially, very little is left for the Supreme Court although they still have one major oral argument in April. After their conference this Friday where they likely will take initial tallies in the health care cases, they will adjourn officially and have no court business until April 13 when they will again conference and decide on whether to grant, hold, or dismiss more cases for | Read More »
After Three Days, Five Things Of Interest
The Supreme Court has completed three days of oral arguments over Obamacare spread over several hours. There is no doubt that there is no shortage of opinions especially after day 2- the mandate question. I think that we can take five things away from this historic moment unfolding before our eyes based upon everything I have read here and elsewhere, conservative and liberal sites and | Read More »