"The Case for a Liberal Scalia: Why President Obama should nominate a true progressive to the high court."
“I’m a liberal lawyer. Clerking for Scalia taught me how to think about the law.” Tara Kole has this essay online at The Washington Post.
Posted at 11:52 PM by Howard Bashman
“The Case for a Liberal Scalia: Why President Obama should nominate a true progressive to the high court.” Law professor David Fontana and Ian Bassin have this jurisprudence essay online at Slate.
Posted at 11:44 PM by Howard Bashman
“Army sergeant loses suit against makers of ‘The Hurt Locker'”: Maura Dolan of The Los Angeles Times has this report.
At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: ‘The Hurt Locker’ Is Protected By the First Amendment.”
And The Associated Press reports that “Court upholds dismissal of veteran’s suit over ‘Hurt Locker.'”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:40 PM by Howard Bashman
“Scalia’s Classic ‘Textualism’ Will Be His Legacy”: Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:35 PM by Howard Bashman
“Supreme Court Vacancy Has Left and Right Ready to Pounce”: Michael D. Shear will have this front page article in Thursday’s edition of The New York Times.
And also in tomorrow’s newspaper, Carl Hulse will have an article headlined “Senators Limber Up for a Dexterous Flip on Judicial Nominees.”
Posted at 11:12 PM by Howard Bashman
“Justice Breyer reflects on role of Supreme Court in talk at Yale”: Mary O’Leary of The New Haven Register has this report.
And The Associated Press has a report headlined “Breyer: US Supreme Court to be ‘grayer place’ without Scalia.”
Posted at 10:58 PM by Howard Bashman
“Americans Divided on Whether Senate Should Consider Obama Supreme Court Nominee; Americans are split 43% to 42% over whether Senate should consider president’s choice to fill court vacancy”: Brent Kendall of The Wall Street Journal has this report (subscription required for full access).
Posted at 05:27 PM by Howard Bashman
“New Jersey takes sports betting argument to full appeals court”: Reuters has this report.
The Associated Press reports that “Officials again ask court to legalize sports betting.”
And at his “CA3blog,” Matthew Stiegler has a post titled “NCAA en banc argument: only little surprises.”
You can access via this link (32.4 MB mp3 audio file) the audio of today’s en banc oral argument of the U.S. Court of Appeals for the Third Circuit.
Posted at 05:22 PM by Howard Bashman
“Argument preview: FERC v. the states — Round 2.” Lyle Denniston has this post today at “SCOTUSblog.”
Posted at 05:02 PM by Howard Bashman
“Scalia’s son slams ‘hurtful’ conspiracy theories about father’s death”: Jesse Byrnes of The Hill has this report.
Posted at 05:00 PM by Howard Bashman
“The Fate of Scalia’s Papers is Uncertain”: Tony Mauro of The National Law Journal has this report (subscription required for full access).
Posted at 04:15 PM by Howard Bashman
“White House prods Senate Republicans to act on court vacancy”: Ayesha Rascoe and Lawrence Hurley of Reuters have this report.
Posted at 04:12 PM by Howard Bashman
“Protracted Eight-Member Supreme Court Could Stymie Rulings on Host of Issues; Upcoming cases have long divided remaining justices 4-4 into conservative, liberal blocs”: Jess Bravin and Brent Kendall of The Wall Street Journal have this report.
Posted at 03:24 PM by Howard Bashman
“Arguing Before Justice Scalia”: Paul Clement has this essay online at The New York Times.
Posted at 03:20 PM by Howard Bashman
“Greens wary of Sri Srinivasan’s fossil fuel past; His work as an attorney representing Enron’s former CEO and ExxonMobil raises hackles among some eco-activists”: Elana Schor of Politico.com has this report.
Posted at 03:14 PM by Howard Bashman
“Scalia restored right to bear arms; Supreme Court Justice’s ‘new originalism’ refinement led to landmark ‘Heller’ decision”: Law professor Randy E. Barnett has this essay online at USA Today.
Posted at 03:09 PM by Howard Bashman
“U.S. appeals court upholds Apple e-book settlement”: Jonathan Stempel of Reuters has this report on a non-precedential summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:56 PM by Howard Bashman
“Justice Scalia, the Last Originalist”: Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:53 PM by Howard Bashman
“What Originalists Should Say About a Scalia Replacement: It’s not what Ted Cruz is saying.” Law professor Richard Schragger has this jurisprudence essay online at Slate.
Posted at 02:51 PM by Howard Bashman
“We Know the Type of Justice Obama Might Pick: Because he’s already told us many times.” Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:48 PM by Howard Bashman
“Obama and Republicans Are Both Wrong About Constitution”: Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:47 PM by Howard Bashman
“Possible Obama picks lean left on environment”: Robin Bravender of Greenwire has this report.
Posted at 02:44 PM by Howard Bashman
“Without Justice Scalia, Oral Arguments Will Lose a Bit of Their Bite; Lawyers before the Supreme Court loved, and loathed, their time before the conservative jurist”: Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
Posted at 02:37 PM by Howard Bashman
“Court could halt U.S.S. Cole trial”: Josh Gerstein of Politico.com has a blog post that begins, “Judges on a federal appeals court sounded open Wednesday to halting military commission proceedings against a Saudi man alleged to have planned the attack on the U.S.S. Cole in 2000 that killed 17 American sailors.”
Yesterday at “Just Security,” Steve Vladeck had a post titled “D.C. Circuit Quietly Set to Hear Major National Security Appeals.”
Posted at 01:46 PM by Howard Bashman
“Has the President Gone Too Far on Immigration?” The National Constitution Center has posted on YouTube at this link the video of a debate that that the Center hosted yesterday evening in Philadelphia. Josh Blackman and a contributor to “The Volokh Conspiracy” blog were among the participants in the debate.
Posted at 01:40 PM by Howard Bashman
“Before Supreme Court nod, an intrusive interrogation”: Josh Lederman of The Associated Press has an article that begins, “Did you ever buy porn, sniff glue, have sex in junior high? Exactly how many times?”
Posted at 01:36 PM by Howard Bashman
“Appeals court hears oral arguments on New Jersey’s sports betting law”: John Brennan of The Record of Hackensack, New Jersey has a news update that begins, “More than an hour of oral arguments about the constitutionality of New Jersey’s sports betting law that were heard in a U.S. Third Circuit Court of Appeals courtroom on Wednesday underscored why the case has lurched through the courts for four years — and why it may be four months or more before a dozen judges are able to reach a decision.”
Update: In other coverage, Courthouse News Service reports that “Third Circ. Hears Sports-Betting Arguments.”
Posted at 01:32 PM by Howard Bashman
“In Supreme Court Primary Race, a Question of Judgment”: Online at The Texas Tribune, Ross Ramsey has an essay that begins, “Something unusual turned up in the arguments over which Green — Paul or Rick — should be the Republican Party’s nominee for a seat on the Texas Supreme Court.”
Posted at 01:25 PM by Howard Bashman
“Bring back Justice O’Connor”: William Blake and Hans Hacker have this essay online at The Baltimore Sun.
Posted at 01:22 PM by Howard Bashman
“Republicans, Beware the Abe Fortas Precedent: In 1968, a hostile Congress blocked LBJ’s nominee to the Supreme Court; Conservatives lived to regret it.” Josh Zeitz has this essay online at Politico Magazine.
Posted at 01:18 PM by Howard Bashman
“Scalia Was Almost Never The Most Conservative Justice On The Supreme Court”: Andrew D. Martin and Kevin M. Quinn have this post at FiveThirtyEight.
Posted at 01:14 PM by Howard Bashman
“The Second Amendment Without Scalia: What will happen to gun rights if a Democrat picks his replacement?” Jacob Sullum has this essay at Reason.com.
Posted at 01:12 PM by Howard Bashman
“Rebecca Bradley, JoAnne Kloppenburg advance in high court race”: Patrick Marley and Lee Bergquist of The Milwaukee Journal Sentinel have an article that begins, “State Supreme Court Justice Rebecca Bradley and Appeals Judge JoAnne Kloppenburg advanced in Tuesday’s primary and will square off in the April 5 election for a 10-year term on the high court.”
Posted at 01:09 PM by Howard Bashman
“Scalia’s death and lack of an autopsy bring out the conspiracy theorists”: Matt Pearce of The Los Angeles Times has this report.
Posted at 01:05 PM by Howard Bashman
“How Supreme Court Justices Are Chosen”: The Onion has this infographic.
Posted at 01:02 PM by Howard Bashman
“Retired Canadian jurists respectfully dissent from Scalia’s approach, style”: Sean Fine of The Toronto Globe and Mail has this report.
And online at The Ottawa Citizen, law professor Adam Dodek has an essay titled “How Scalia’s scathing attacks boosted Canada’s Constitution.”
Posted at 01:00 PM by Howard Bashman
“After a Rocky Start, Ted Cruz Had Success Before Supreme Court”: Adam Liptak and Matt Flegenheimer have this article in today’s edition of The New York Times.
Posted at 12:55 PM by Howard Bashman
“Judge Jane Kelly And True Diversity On The Supreme Court”: Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post (with video) online at Mimesis Law.
Posted at 12:46 PM by Howard Bashman
“Erwin Chemerinsky and Rick Hasen on the Passing of Supreme Court Justice Antonin Scalia and the Future of the Supreme Court”: You can access this UCI Law Talks podcast via this link.
Posted at 12:40 PM by Howard Bashman
“New Jersey goes back to court to fight for legalized sports gambling”: USA Today has an article that begins, “Lawyers representing New Jersey will be back in court Wednesday to make yet another argument that the state should be allowed to offer sports betting at casinos and horse-racing tracks.”
Posted at 12:37 PM by Howard Bashman
In today’s installment of meals with law bloggers: Breakfast with Josh Blackman at the Down Home Diner.
Lunch on my own, sandwich from Silvio’s Deli.
Dinner with Rick Hasen at Buddakan.
Tomorrow, normal, uneventful life resumes (plus a brief’s due in the Eighth Circuit).
Posted at 11:30 AM by Howard Bashman